POSH Act: Filing a Workplace Sexual Harassment Complaint

1. Introduction

The Prevention of Sexual Harassment (POSH) Act gives every working woman in India the right to a safe workplace and a clear process to complain if that right is violated. This guide explains, in simple language, how the complaint process works and what protections are in place.

2. Who should read this?

• Women facing sexual harassment at their workplace, including by colleagues, clients, or third parties.
• Employees wanting to understand how their organisation's Internal Committee should function.
• Employers and HR teams wanting to understand their legal obligations.

3. What the law says

• The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 requires every organisation with 10 or more employees to set up an Internal Committee (IC) to receive and inquire into complaints.
• Organisations with fewer than 10 employees, or complaints against the employer, are handled by a Local Committee constituted by the district.
• A complaint must generally be filed within three months of the incident, extendable by the Committee for sufficient reason.
• The Committee must complete its inquiry within 90 days and the employer must act on its recommendations within 60 days of receiving the report.
• The identity of the complainant, respondent, and witnesses, along with proceedings, must be kept confidential throughout the process.

4. Step-by-step process

1. Step 1Document the incident

   Note dates, times, what happened, and any witnesses as soon as possible after the incident.

2. Step 2Identify the right committee

   Find your organisation's Internal Committee (or the Local Committee if your employer has fewer than 10 employees).

3. Step 3File a written complaint

   Submit a written complaint to the Committee within three months of the incident (extensions are possible for valid reasons).

4. Step 4Participate in the inquiry

   The Committee will hear both sides, may allow conciliation only if the complainant requests it, and can call witnesses.

5. Step 5Receive the outcome

   The Committee submits a report with recommendations, which the employer must act upon within 60 days.

5. Documents required

• A written account of the incident(s) with dates and details.
• Any supporting evidence (messages, emails, CCTV references, witness names).
• Your employment details (employee ID, department, manager).

6. Fees and government charges

• Filing a complaint under the POSH Act is free of cost.
• Legal help is optional but can assist if the matter is complex or contested.

Fees vary by state and change over time; treat these as general pointers, not exact figures.

7. Expected timeline

The inquiry must be completed within 90 days of the complaint, and the employer must implement recommendations within 60 days of receiving the report — a combined timeline of roughly five months from filing.

8. Common mistakes to avoid

• Delaying the complaint beyond the three-month window without a valid reason for extension.
• Not documenting incidents as they happen, relying only on memory later.
• Assuming HR informally handling it is the same as filing with the Internal Committee.
• Not knowing your right to confidentiality and interim relief (such as transfer or leave) during the inquiry.

9. Frequently asked questions

10. When you should consult a lawyer

• Your organisation does not have a functioning Internal Committee.
• You face retaliation after filing a complaint.
• The Committee's process seems biased or is not following the law.
• You want to pursue criminal remedies alongside the POSH complaint.

11. How LawMitran can help