Safety, respect and dignity for women in the workplace is not just expectation, it is a legal right for women under the POSH Act. Earlier workplace women harassment frequently happened because there was no protection for the victims. In the Indian Constitution there is gender equality but there is required for direct law for workplace harassment issues. That’s why Indian Government introduce POSH Act (Protection of Women from Sexual Harassment at Workplace Act, 2013). The POSH Act has two main objective prevention and redressal processes. This POSH Act complaint guide explains the step-by step filling process clearly, so women victims take timely action and reclaim the safe work environment.
Understanding the POSH Act
The purpose of the POSH Act is to create a safe, respectful, harassment free workplace for the women employees. It includes school, office, private and public organizations. Creating an Internal Committee is important for all the institutions where more than 10 employees are in the workplace IC mandatory. Confidentiality is an important where complainant and respondent privacy is protected. Conduct an awareness program to let everyone know about their rights under the POSH Act. The main objective of the POSH Act :
- Prevention – Prevent harassment follows strict workplace rules and policies.
- Redressal – Even if harassment occurs, file complaint and IC conduct enquiry.
Steps to File POSH Act
Step 1: Identify Harassment Incident: Note the incident clearly and record all the details: date, time, place and involved persons.
Step 2: Draft Written Complaint: Attach the witnesses, proof and incident details in the complaint. Write the complaint clearly, briefly and with real facts.
Step 3: Submit to Internal Committee (IC): Submit your complaint in IC or the Local Committee.
Step 4: Investigation Process Start: IC verifies your complaint and sends notice to the respondent and collects the evidence and records the statements.
Step 5: Final Report and Action: IC prepares the reports within 90 days and takes recommended action to the employer, such as warning, suspension or termination.
Step 6: Confidentiality Maintain: Identify the complaint process and maintain confidentiality.
Step 7: Follow-Up Rights: Complainants have a right to track their enquiry status.
Timeframe for Filing Complaints
File the complaint within 3 months from the date of the harassment incident. Early complaints are helpful for the smooth investigation and IC collects the fair evidence. In serious cases like repeated harassment or special circumstances, the complainant requests additional time from the IC. Postpone complaints; there is a chance for evidence loss and investigation may also be difficult. Important point is after complaining, IC (Internal Committee) verifies it and gives a completed resolution within 90 days. It gives confidence to the women’s staff and maintains a harassment-free environment.
Internal Committee Formation Process
Filing a complaint with the POSH Act Internal Committee (IC) formation is the important step. In every workplace with more than 10 women employees, IC is mandatory. The main purpose of the IC is to investigate harassment complaints fairly, maintain confidentiality and recommend the proper action. The members in the IC are usually two senior women officers and one external member from outside of the organisation. Appoint the correct members and conduct the awareness programme. There should be a proper rule for the committee meeting schedule, complaint handling process and report submission timeline, normally 90 days. After receiving a complaint, send the notice to the respondent. Evidence properly collected and a fair hearing conducted.
Drafting a Written Complaint
A well-drafted written complaint is most important for the POSH Act. If harassment occurs in the workplace, the complainant properly prepares the complaint and the IC conducts the investigation. Clearly draft the incident details and record the date, time, place and involved persons. Include only the real facts. IC only conducts the factual basis investigation. If witnesses or proof are attached with a complaint. Write the complaint in a polite and professional way. Avoid the emotional words and IC focus on the incident. Strong droughting gives you confidence and the evidence also doesn’t get lost.
Details Required in Complaint
1.Complainant Details: Name, designation, department, contact information.
2.Respondent Details: Name, designation, department, contact information.
3.Incident Description: Clearly explain what happened; the date and time are also mentioned.
4.Witness Information: Mention witness details
5.Evidence/Documents: Emails, messages, screenshots, photos.
6.Previous Complaints (if any): Mention Previous complaints copies
7.Relief/Action Requested: If the complainant expect compensation or disciplinary actions
8.Signature & Date: Submitting the complaint the complainant signature and date is compulsory.
Submitting the Complaint Formally
After preparing the complaint, the next step is to submit it formally. According to the guidelines of the POSH Act, complaints should be in written format. Hand over the complaint to the Internal Committee (IC) officer. In some cases forward to the HR department but for the official process you should directly submit to the IC. The complainant wanted to prepare three copies: one for IC, one for personal use and one backup. After receiving the complaint, the IC member sends acknowledgement to the complainant. IC and the organisation do not leak the complaint details to the outsiders. So it creates a safe workplace environment for the complainant. During the formal submission, your complaint process moves to the next stage.
Investigation and Evidence Collection
If a complaint is submitted, the Internal Committee (IC) starts the investigation process. The main role of IC is to verify whether the mentioned harassment is true or not. Investigation is conducted in a fair, unbiased and confidential manner. The first step is to examine the complainant’s side details fully. At the same time, give an equal chance to the respondent person also and collect their details also. They follow the natural justice principle strictly, so they give equal opportunity to both sides.
At the evidence collection stage, IC analysed the complainant’s evidence, like emails, messages, call records, CCTV footage and documents. If there is any witness, an oral or written statement is also recorded. These all are handled by confidentiality, so it protects the complainant’s safety and respect. The time limit for the investigation is 90 days. In between these days IC (Internal Committee) conducts meetings with members, prepares notes and details all documents. Finally, IC collected all the evidence based on this and prepared the detailed report. Submit the report to the head of the organisation for proper action.
Final Report and Action Taken
After completing the investigation, the main task of the Internal Committee (IC) is to prepare the final report. It is a very important stage in the complaint because it summarises the collected evidence, witness statements and complainant and respondent explanations. In the report they directly mention if harassment happens or not. Within 10 days IC (Internal Committee) submitted the final report to the Head of the Organisation. Harassment is proved and strict disciplinary actions are recommended. If harassment is not proved, IC mentions the complaint is baseless and suggests no action is required. Within 60 days the head of the organisation takes action based on IC recommendations. IC provides the complaint copy to the complainant and respondent. It is the final stage. The main goal of the POSH Act is to protect the complainant’s dignity and create a safe workplace culture.
The POSH Act helps to create safe and harassment-free workplaces for women. For expert guidance, contact Advocate Rajal Rai Dua, the best Supreme Court lawyer in Delhi, at Dua & Dua Advocates & Consultants.
