How do I file a POSH complaint for workplace sexual harassment?
File a written complaint with your employer's Internal Committee (IC) within 3 months of the incident (extendable by 3 more for sufficient cause). The IC must complete its inquiry within 90 days, and the employer must act on the report within 60 days. You can request interim relief — transfer of the respondent, or up to 3 months' paid leave for yourself. Organisations without a mandatory IC face penalties; complaints there go to the district Local Committee.
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 — the POSH Act — puts a time-bound, confidential process inside every workplace with 10 or more employees. Knowing the timelines is half the power.
What counts as sexual harassment
- Physical contact and advances; demands for sexual favours
- Sexually coloured remarks, showing pornography
- Any unwelcome physical, verbal or non-verbal conduct of a sexual nature
- Plus circumstances like promised preferential / threatened detrimental treatment, hostile work environment — including in remote work, work trips, offsites and cab rides (the “extended workplace”)
Where to complain
- Internal Committee (IC): mandatory in every workplace with 10+ employees; must be chaired by a senior woman, have at least half women members, and one external member.
- Local Committee (LC): at the district level — for workplaces without an IC, or complaints against the employer himself.
- The POSH process runs in addition to your right to file a police complaint for criminal offences (e.g., Section 75 BNS — sexual harassment).
The statutory timeline
| Step | Time limit |
|---|---|
| Filing the written complaint (6 copies, with documents/witness list) | Within 3 months of the incident (IC can extend by 3 months for recorded reasons) |
| Optional conciliation (only at complainant’s request; NO monetary settlement as basis) | Before inquiry begins |
| IC inquiry (both sides heard, witnesses, documents; principles of natural justice) | Complete within 90 days |
| IC report to employer | Within 10 days of completion |
| Employer acts on recommendations | Within 60 days |
| Appeal (either party, to court/tribunal) | Within 90 days of recommendations |
Interim protections — ask for them
- Transfer of the respondent (or yourself, at your choice) to another team/location
- Up to 3 months’ additional paid leave for the complainant
- Restraining the respondent from supervising or writing your appraisal
Outcomes and teeth
- Findings can lead to: written apology, warning, withholding promotion/increments, termination, counselling, community service
- Compensation to the complainant can be deducted from the respondent’s salary
- Retaliation is itself actionable — victimising the complainant, witnesses or IC members invites penalties; India’s courts treat retaliation seriously
- Employers without an IC face fines and, on repeat, cancellation of business licences
Building your complaint
- Write incidents down immediately: date, time, place, words used, witnesses
- Preserve messages, emails, call logs; save copies OFF work devices
- Confide contemporaneously in a trusted colleague — corroboration matters
- You may take a lawyer’s help to draft the complaint even though lawyers don’t appear before the IC
This article is general information, not legal advice. For advice on your specific situation, consult a qualified professional.
Frequently asked questions
Can I complain after the 3-month window?
The IC can extend by up to 3 further months for reasons recorded in writing — continuing harassment, fear of retaliation, or trauma are commonly accepted. For older incidents, the criminal route and a writ approach remain discussable with a lawyer.
What if the harasser is the boss or business owner?
Complain to the district Local Committee (LC) instead of the IC — the Act provides exactly for this. Complaints against senior management can also justify interim measures like the respondent stepping away from your reporting line.
Is my identity protected?
Yes — Section 16 of the POSH Act prohibits publication of the complainant's identity, the proceedings and the recommendations. Breach of confidentiality is penalised. Media disclosure of your identity is barred.
Can men file POSH complaints?
The POSH Act protects women complainants. However, most companies extend gender-neutral anti-harassment policies internally, and criminal law and service rules provide routes for male and non-binary employees — check your employer's policy and take advice.
What if the company has no Internal Committee?
That is itself a violation (fine up to ₹50,000, higher on repeat). File with the district Local Committee, and mention the missing IC — it becomes evidence of the employer's non-compliance and strengthens any retaliation claim.
