What to Do If Your POSH Complaint Is Ignored by the Company?

Introduction

Filing a sexual harassment complaint under the POSH (Prevention of Sexual Harassment) Act, 2013, is supposed to ensure a fair investigation and justice for victims. However, what if your company ignores your complaint?

Many women fear that:

• Their complaint will not be taken seriously.
• The Internal Complaints Committee (ICC) is biased or protects the harasser.
• The employer refuses to act, fearing reputation damage.

If this happens, don't stay silent! The POSH Act gives women legal rights and multiple ways to escalate their complaints.

In this article, we explain:

• Why companies ignore POSH complaints
• Legal steps to take if your complaint is ignored
• How to approach external authorities (LCC, labour court, police)
• What legal penalties do companies face for ignoring complaints

Why Would a Company Ignore a POSH Complaint?

Some companies fail to act on complaints due to : -

• Protecting senior employees (e.g., managers, CEOs).
• Fear of company reputation damage.
• No Internal Complaints Committee (ICC) is in place.
• ICC bias committee members may side with the harasser.
• Lack of POSH awareness, HR teams may not know the legal requirements.

Example: A female employee reports repeated sexual advances by her manager, but the company dismisses the complaint to protect him. This is illegal under POSH laws, companies must investigate and take action. If they don't, you can escalate the case.

What to Do If Your POSH Complaint Is Ignored?

These are the steps you must consider if your POSH complaint is ignored:

Step 1: Send a Reminder to the Internal Complaints Committee (ICC)

If you do not receive a response within 7 days, send a formal written reminder to the ICC.

• Mention your previous complaint details (date, case number).
• Request an update on the investigation.
• Keep proof (email, letter copy) as evidence.

Example: If an ICC does not respond within one week, you can send a legal notice warning of escalation.

Step 2: Approach the Local Complaints Committee (LCC)

If the ICC ignores your complaint or your company does not have an ICC, you can file your complaint with the Local Complaints Committee (LCC).

• Every district in India has an LCC for POSH cases.
• The LCC has the same powers as the ICC and can investigate your case.
• Contact the District Officer's Office to find your LCC.

Example: If a small company (less than 10 employees) does not have an ICC, you can file your complaint directly with the LCC.

Step 3: File a Complaint with the Labour Commissioner

If the employer does not cooperate or ignores the ICC's recommendations, you can file a complaint with the Labour Commissioner's Office.

• The Labour Department enforces POSH compliance.
• They can order the company to take action or impose penalties.

Example: If a company refuses to follow the ICC's recommendation to punish a guilty employee, the Labour Commissioner can fine them ₹50,000.

Step 4: File an Appeal in a Labour Court or Tribunal

• If you disagree with the ICC's decision or your case is ignored, you can appeal to a labour court or industrial tribunal within 90 days.
• You can hire a lawyer or get help from a women's rights organisation.

Example: If a victim is not satisfied with the ICC's decision, she can file a legal case in labour court for stricter punishment.

Step 5: File a Police Complaint (If Necessary)

If the harassment involves physical assault, stalking, or criminal threats, file an FIR under BNS/Indian Penal Code (IPC) laws:

• Outraging Modesty of a Woman:

  • IPC Section 354: Assault or criminal force on a woman with intent to outrage her modesty.

  • BNS Section 74: Assault or use of criminal force on a woman with intent to outrage her modesty.

• Insulting Modesty of a Woman (Verbal Harassment, Obscene Gestures):

  • IPC Section 509: Words, gestures, or acts intended to insult the modesty of a woman.

  • BNS Section 78: Intentional insult or act (words, gestures, exhibition of objects) aimed at outraging a woman’s modesty.

  Criminal Intimidation (Threats for Complaining):

  • IPC Section 503: Criminal intimidation (threats to harm a person’s body, reputation, or property).

  • BNS Section 351: Criminal intimidation (threatening another with injury to person, reputation, or property).

Example: If a woman is threatened with job loss for rejecting sexual advances, she can file an IPC complaint along with the POSH complaint.

Legal Consequences for Companies That Ignore POSH Complaints

If a company fails to act on a POSH complaint, it can face

• ₹50,000 fine for non-compliance.
• License cancellation for repeat offences.
• Blacklisting from government contracts.
• The court orders to pay compensation to the victim.

Example: In 2019, a company in Bengaluru was fined for failing to handle a sexual harassment complaint properly, the victim received compensation for emotional distress.

How to Protect Yourself If Your POSH Complaint Is Ignored

• Document Everything: Keep copies of emails, complaint letters, and meeting summaries.
• Speak to Witnesses: Ask colleagues to support your case.
• Seek Legal Help: Contact a women's rights lawyer or POSH consultant.
• Use External Support: Report to the LCC, labour department, or NCW (National Commission for Women).

Example: If an employee faces retaliation (salary cut, transfer, or firing) after complaining, she can file a separate case against the employer.

FAQs on What to Do If Your POSH Complaint Is Ignored

1. What if my company does not have an ICC?
   You can file a complaint with the Local Complaints Committee (LCC) in your district.
2. How long should I wait before escalating my case?
   If you don't receive a response from the ICC within 7 days, start escalating the complaint.
3. Can I approach both the ICC and the police?
   Yes! If the case involves criminal offences (physical assault, threats, or stalking), file a police complaint along with the ICC complaint.
4. Can I sue my company for ignoring my complaint?
   Yes! If your company violates POSH laws, you can file a labour court case for compensation and legal penalties.
5. Can a company fire me for filing a POSH complaint?
   No! Retaliation is illegal. If you are fired for complaining, you can file a wrongful termination case.

Conclusion

If your POSH complaint is ignored, do not stay silent. Companies are legally required to handle complaints fairly. If they fail, you have multiple legal options to get justice.

Key Takeaways:

• First, remind the ICC of your complaint.
• If no action is taken, escalate to the LCC or labour department.
• Appeal to a labour court if you are unhappy with the ICC's decision.
• For serious offences, file a police complaint under IPC laws.
• Companies that ignore POSH complaints can face heavy fines and penalties.

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