A workplace harassment complaint of a sexual nature is governed in India by the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013 — the POSH Act. Where the employer has the prescribed number of workers, the complaint goes to the workplace Internal Committee; where the workplace does not have one, or the complaint is against the employer, it goes to the district Local Committee. Where the conduct also amounts to an offence, a parallel police complaint under the penal law may be the better or additional route.
Who this applies to
The POSH Act covers women at the workplace and protects them from sexual harassment, which includes unwelcome physical contact, a demand or request for sexual favours, sexually coloured remarks, showing pornography, and any other unwelcome physical, verbal or non-verbal conduct of a sexual nature. It applies to organisations and establishments of the sizes the Act specifies, and to the unorganised sector through the Local Committee. Aggrieved women — and, in the case of incapacity, a legal heir or authorised person — can make the complaint.
Where to file — ICC or Local Committee
- Internal Committee (ICC). Every workplace with the prescribed strength of workers must constitute an ICC, chaired by a senior woman and including an external member. The ICC receives and investigates complaints against employees at that workplace.
- Local Committee. Where the workplace has no ICC, where the complaint is against the employer, or where the establishment is outside the organised sector, the complaint goes to the Local Committee constituted for the district.
What a written complaint must contain
- Your name and details, and the name and designation of the respondent.
- A clear account of the act or conduct, with dates, times and places as precisely as you can state them.
- The names of any witnesses, and any documents, messages or recordings you rely on.
- Whether you want the ICC or Local Committee to arrange conciliation — which is voluntary and cannot be forced on you, and which is not available where the complaint alleges a serious offence.
- Any request for interim relief while the enquiry is pending.
The complaint should be made in writing. Under the Act it is to be made within three months of the incident, and this period can be extended for reasons to be recorded where the committee is satisfied that circumstances prevented the making of the complaint within time. Where the victim is unable to make the complaint, a person authorised under the Act may do so on her behalf.
Interim relief and the enquiry
During the enquiry the committee can recommend interim relief to the employer, including transferring the aggrieved woman or the respondent, granting leave to the aggrieved woman, or restraining the respondent from reporting on the aggrieved woman's work or from contact. The enquiry must follow the principles of natural justice — both parties are given a hearing, the aggrieved woman may be represented and may seek assistance where needed, and confidentiality is maintained. The committee submits its findings and recommendations to the employer, which must act on them within the time the Act provides. The employer has duties to provide a safe working environment, display the penal consequences of harassment, constitute the committee and act on its report.
Appeal
A party aggrieved by the recommendations of the ICC or Local Committee can appeal to the court or tribunal the statute designates, within the period it provides. The appeal is against the committee's findings and the action taken, and it is important to obtain the committee's report and the employer's action order to frame it.
The identity of the aggrieved woman and the respondent is to be kept confidential, and no person may publish the contents of the complaint or the enquiry. Retaliation against a woman for making a complaint is something the employer's policy and the Act are meant to prevent, and any such action should be reported to the committee in writing at once.
The parallel police complaint
Sexual harassment at the workplace may also constitute an offence — for example, the provisions in the Bharatiya Nyaya Sanhita 2023 that deal with criminal force and assault on a woman, insulting her modesty, sexual harassment and stalking. The POSH route is a workplace disciplinary remedy and does not displace the criminal law. Where the conduct is serious or the committee process is being obstructed, a police complaint — or a magistrate complaint under Section 175(3) BNSS 2023 (formerly Section 156(3) CrPC) if the police do not act — may be the better or the additional course. Our criminal law practice handles these complaints.
Common questions
Is there a time limit to complain?
The complaint is to be made within three months of the incident, and the committee may extend the period for reasons it records where it is satisfied that circumstances prevented an earlier complaint.
Can I ask for a transfer or leave while the enquiry runs?
Yes. The committee can recommend interim relief such as transfer, leave or a restraint on contact, so ask for it in the complaint.
Is conciliation compulsory?
No. Conciliation is offered at your request and is voluntary, and it is not permitted where the complaint concerns a serious offence.
Can I also file a police complaint?
Yes. The POSH enquiry is a workplace remedy and does not bar a criminal complaint where the conduct amounts to an offence; the two can proceed in parallel.
Our service law practice and labour and employment practice advise on POSH complaints, enquiries and appeals. Call +91 7439811422 or WhatsApp us or contact us for a free first consultation.