How to File a Sexual Harassment Complaint at Work Under the POSH Act: Process and Timelines

A woman who faces sexual harassment at her workplace has a clear legal route to redress under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, commonly called the POSH Act. The law requires most employers to set up an internal forum to receive and decide complaints, and it lays down timelines designed to ensure a reasonably quick inquiry.

This guide explains how to file a POSH complaint, who decides it, and what to expect at each stage. It complements our broader guidance on workplace rights, including how to file a labour complaint for unpaid wages or PF default.

Where to File: Internal and Local Committees

The POSH Act requires every employer with ten or more workers to constitute an Internal Committee. The complaint is normally made to this committee, which must be headed by a senior woman employee and include an external member from an organisation working on women's issues.

Where the workplace has fewer than ten workers, or where the complaint is against the employer themselves, the woman can approach the Local Committee constituted at the district level. The complaint can be made in writing, and the committee is required to assist the complainant in reducing it to writing if needed.

The law deliberately keeps the process accessible. A complaint does not need to be drafted by a lawyer, technical language is not required, and the committee is expected to support a complainant who finds it difficult to put her experience into words. This design reflects the understanding that a person who has faced harassment should not face further hurdles in seeking redress.

Time Limit for Filing

Under Section 9 of the POSH Act, a complaint should ordinarily be made within three months from the date of the incident, or within three months of the last incident in a series. The committee can extend this period by a further three months if it is satisfied, for recorded reasons, that circumstances prevented the woman from filing earlier.

Complaints can also be filed through the government's She-Box online portal, which routes the complaint to the relevant committee. Acting reasonably promptly helps preserve evidence and witnesses.

The Inquiry and Its Timeline

Once a complaint is received, the committee conducts an inquiry following the principles of natural justice, giving both sides a chance to be heard. If both parties wish, the committee may first attempt conciliation, though no monetary settlement can be the basis of conciliation.

The inquiry must be completed within ninety days. After it concludes, the committee submits its report to the employer, who is required to act on the recommendations, generally within sixty days. During the inquiry, the committee can recommend interim measures such as transfer or leave.

Possible Outcomes and Remedies

If the allegation is proved, the committee can recommend action under the service rules, which may include warning, withholding of increments, transfer or termination, as well as the payment of compensation to the complainant. If the complaint is not proved, no action is taken against the respondent.

The Act also penalises malicious or false complaints, but a complaint that simply fails for want of evidence is not treated as false. Confidentiality of the parties and proceedings is protected by law. Where harassment also involves online conduct, a separate criminal route may be available, as explained in our guide on how to file a cyber crime complaint online.

Employer Duties and Protection From Retaliation

The POSH Act places clear duties on employers. They must constitute an Internal Committee, conduct awareness programmes, display information about the law, and assist the woman if she wishes to file a criminal complaint in addition to the internal process.

Failure to constitute an Internal Committee, or other breaches of the Act, can attract a monetary penalty, and repeated breaches can lead to cancellation of licences or registrations required to conduct business.

The law also protects the complainant from retaliation. Adverse action taken against a woman for making a complaint, such as denial of a promotion or an unfair transfer, can itself be challenged.

A complainant who is dissatisfied with the committee's findings or the action taken can file an appeal to the appropriate authority or court, generally within ninety days of the recommendations.

Key Takeaways

File your complaint with the Internal Committee, or the Local Committee where appropriate, ideally within three months of the incident, and consider using the She-Box portal. The committee must complete its inquiry within ninety days and the employer must act on the report within sixty days.

Keep records of incidents, messages and witnesses, and remember that the law protects confidentiality and prohibits retaliation. If your workplace has not set up an Internal Committee at all, that is itself a violation, and you can approach the Local Committee. Many workplace disputes overlap with pay and exit issues covered in our guide on what to do when an employer is not paying salary.