Introduction
Sexual harassment in the workplace is a serious violation of a woman's right to work with dignity. To protect working women, the Indian government introduced the Prevention of Sexual Harassment (POSH) Act, 2013.
Under this law, every woman has the right to report workplace sexual harassment without fear. However, many women are unsure about how to file a complaint or what to do if their employer does not take action. In this guide, we will explain:
- What counts as sexual harassment
- Who can file a POSH complaint
- How to file a sexual harassment complaint step by step
- What happens after a complaint is filed
- What to do if your employer does not take action
What is Considered Sexual Harassment Under POSH?
The POSH Act defines sexual harassment as any unwelcome sexual behaviour that makes a woman feel uncomfortable or unsafe at work.
Examples of sexual harassment at work:
- Physical Harassment: Unwanted touching, groping, or physical advances.
- Verbal harassment: sexually coloured jokes, inappropriate comments, or lewd remarks.
- Nonverbal harassment: staring, sending obscene images or messages.
- Quid Pro Quo Harassment: Asking for sexual favours in exchange for promotions, salary hikes, or job benefits.
- Hostile Work Environment: repeated sexual jokes, offensive comments, or suggestive gestures that make the workplace unsafe.
Example: If a female employee constantly receives inappropriate texts from her manager, this is sexual harassment, even if she does not respond.
Who Can File a Sexual Harassment Complaint?
The POSH Act protects all working women, including
- Full-time and part-time employees;
- Interns and trainees (paid or unpaid);
- Freelancers and consultants;
- Contract workers;
- Volunteers and temporary staff;
- Domestic workers (maids, cooks, house helpers)
Even if a woman is not a permanent employee, she still has the right to file a POSH complaint if the harassment happens at work.
How to File a Sexual Harassment Complaint? (Step-by-Step Process)
Step 1: Write a Complaint Letter to the Internal Complaints Committee (ICC)
Every company with 10 or more employees must have an Internal Complaints Committee (ICC) to handle sexual harassment complaints. The complaint must be in writing and submitted within 3 months of the incident. If the harassment is ongoing, the 3-month limit can be extended by the ICC.
How to Write a Complaint?
- Mention your name, job role, and workplace details.
- Clearly describe the harassment incident (date, time, place).
- Provide evidence (screenshots, emails, chat messages, witnesses).
- Mention if you have spoken to HR or anyone else about this issue before.
- Request the ICC to take action and ensure your safety.
Step 2: ICC Investigates the Complaint
The ICC must begin an inquiry within 7 days of receiving the complaint. The accused (harasser) will be given a chance to respond. The ICC may interview witnesses or ask for more evidence.
Important:
- The victim's identity remains confidential—the company cannot disclose her name.
- The inquiry process must be completed within 90 days.
Step 3: ICC's Decision and Actions Taken
Once the investigation is complete, the ICC can:
- Punish the offender (warning, suspension, salary cut, termination).
- Compensate the victim for mental distress, job loss, or medical expenses.
- Recommend workplace changes to prevent future harassment.
The final report must be submitted to the employer and the victim within 10 days after the investigation ends.
Step 4: Appeal If You Are Not Satisfied with the ICC's Decision
If the victim is unhappy with the ICC's decision, she can:
- File an appeal in a labour court or tribunal within 90 days.
- Approach the Local Complaints Committee (LCC) if the company does not have an ICC.
- File a police complaint under BNS Section 73 or 78 IPC Section 354 or 509 for serious offences.
Example: If a company ignores a harassment complaint or lets the accused go unpunished, the victim can escalate the case to legal authorities.
What If My Employer Does Not Have an ICC?
If your company does not have an Internal Complaints Committee (ICC), you can:
- Report the harassment to the Local Complaints Committee (LCC) in your district.
- Approach the National Commission for Women (NCW) or a labour court.
- File an FIR with the police under criminal laws.
Penalty for Companies That Don't Follow POSH: A fine of ₹50,000 for first-time violations. License cancellation for repeated violations.
Women's Rights Under POSH: What Protection Do You Get?
Women have the right to:
- a safe and harassment-free workplace.
- confidentiality throughout the complaint process.
- Request paid leave or a job transfer during the inquiry.
- Legal action if the company does not act on the complaint.
FAQs on Filing a Sexual Harassment Complaint
- Can I file a complaint anonymously? No. The complaint must be in writing, but your identity will remain confidential throughout the process.
- Can I file a complaint if the harassment happened outside office hours? Yes! If the harassment was by a co-worker, boss, or client in a professional setting, it still counts under POSH.
- Can I take legal action if the ICC does not support me? Yes. If the ICC's decision is unfair, you can appeal in labour court within 90 days.
- What if the harassment was online (social media, WhatsApp, email)? Even digital sexual harassment (explicit texts, inappropriate video calls, etc.) is covered under POSH, and you can file a complaint.
Conclusion
The POSH Act is a powerful law that helps women take action against sexual harassment at work. If you or someone you know is facing workplace harassment, follow the complaint process and demand justice.
Key Takeaways:
- Workplaces must have an Internal Complaints Committee (ICC).
- Complaints must be filed in writing within 3 months.
- The ICC must complete investigations within 90 days.
- Women can appeal in court if the ICC does not take proper action.
- Companies that fail to follow POSH can face heavy penalties.
Every woman should know her rights under POSH. Share this guide to spread awareness!
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