What Happens After You File a POSH Complaint?

Filing a sexual harassment complaint under the POSH (Prevention of Sexual Harassment) Act, 2013, is the first step toward justice, but many women don't know what happens next.

• How long does the investigation take?
• Will my employer take action?
• What if the harasser denies the allegations?
• What if I am not satisfied with the outcome?

This article explains the complete process after filing a POSH complaint, including how the Internal Complaints Committee (ICC) handles cases, what decisions they can make, and what to do if you are not satisfied with the verdict.

Step 1: Internal Complaints Committee (ICC) Acknowledges the Complaint

Once you submit a written complaint to the ICC:

• You will receive an acknowledgement letter within 7 days.
• The ICC will review the details and decide whether the complaint qualifies under POSH laws.
• If more details are required, the ICC may ask you for additional information.

Example: If you complain about workplace bullying (not sexual), the ICC may redirect your case to HR because POSH applies only to sexual harassment cases.

Step 2: Notifying the Accused and Requesting a Response

• The ICC will inform the accused person (harasser) about the complaint.
• The accused must submit a written response within 10 days.
• The accused has the right to present their side of the story and provide evidence.

Important: The POSH Act protects the complainant's identity, so your name and personal details will remain confidential throughout the process.

Step 3: Investigation and Evidence Collection

The ICC must conduct a fair and unbiased inquiry within 90 days.

• The ICC may call both parties for questioning.
• It may interview witnesses who saw or heard the harassment incident.
• Evidence is collected, such as:
  • Emails, WhatsApp messages, and screenshots.
  • CCTV footage (if available).
  • Medical reports (in case of physical assault).

Example: If your manager repeatedly sent inappropriate messages on WhatsApp, these messages can be submitted as evidence to prove harassment.

Step 4: Interim Relief for the Victim

If needed, the ICC can offer temporary protection to the victim during the investigation.

Transfer the victim or accused to a different department.
Grant special paid leave for the victim.
Restrict the accused from interacting with the victim.

Example: If a female employee feels unsafe working with the harasser, the ICC can recommend moving her to a different team during the investigation.

Step 5: ICC's Final Decision and Recommended Actions

After investigating the case, the ICC must make a decision and submit a report within 10 days.

Possible Outcomes:

If harassment is proven, the harasser can face penalties such as

• Warning or suspension.
• Salary deduction as compensation for the victim.
• Demotion or termination of employment.
• Mandatory sexual harassment training.

If the accused is found innocent:

• The case is dismissed if there is no strong evidence.
• Both parties are informed of the decision.

Example: If an HR executive is found guilty of sexually harassing interns, the ICC can recommend firing them and blacklisting them from future hiring.

Step 6: Employer Takes Action Based on ICC's Report

• The employer must implement the ICC's recommendations within 60 days.
• The company is legally required to follow POSH laws and cannot ignore the decision.
• Failure to act can lead to penalties for the company.

Legal Consequences for Employers Who Ignore POSH Cases:

• ₹50,000 fine for non-compliance.
• License cancellation for repeat offences.

Step 7: What If You Are Not Satisfied with the Decision? (Right to Appeal)

If the complainant is unhappy with the ICC's verdict, she can:

• File an appeal in higher court within 90 days.
• Approach the Local Complaints Committee (LCC) if the employer does not take action.
• File an FIR under IPC Section 354 or 509 (for severe cases like physical assault).

Example: If an ICC only gives a verbal warning to a senior manager who repeatedly harassed a female employee, she can appeal for stricter punishment in court.

Step 8: Confidentiality and Protection from Retaliation

• The company cannot disclose the victim's identity publicly.
• The employer cannot punish or fire the complainant for reporting harassment.
• If the victim faces retaliation (job loss, salary cut, threats), she can file a separate case under POSH laws.

Example: If a woman is fired after filing a complaint, she can file a wrongful termination case against the company.

Key Timelines Under POSH

Conclusion

Filing a POSH complaint is just the first step-what happens next depends on how the ICC handles the case.

• Investigations must be fair and completed within 90 days.
• The company must take strict action against guilty employees.
• Victims have the right to appeal if justice is denied.
• Employers who ignore POSH laws can face legal penalties.

If you or someone you know faces workplace harassment, don't stay silent-know your rights and demand a safe work environment.

Every woman has the right to a harassment-free workplace. Share this guide to spread awareness!

Frequently Asked Questions (FAQs)

1. What if my company does not have an ICC?
   You can report the case to the Local Complaints Committee (LCC) in your district.
2. Can I file a police complaint along with a POSH complaint?
   Yes! If the harassment is severe (assault, stalking, threats), you can file an FIR under IPC laws.
3. What happens if the harasser refuses to cooperate in the investigation?
   The ICC can proceed with the inquiry and take action even if the accused does not respond.
4. Can I ask for compensation if I lost my job due to harassment?
   Yes! The ICC can order financial compensation if the harassment leads to job loss, medical expenses, or emotional distress.
5. Can a woman file a POSH complaint after quitting her job?
   Yes! The complaint must be filed within 3 months of leaving the company.