The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, usually called the POSH Act, creates a mandatory internal system for workplace sexual harassment complaints.
What employers must have
Every employer with ten or more employees must constitute an Internal Committee. The Committee has a prescribed composition, including a presiding officer who is a senior woman employee and an external member. Employers must also have a policy, display required information at the workplace, conduct awareness programmes, and report specified details annually. Not constituting a Committee is itself a violation with penalties.
Who can complain, and when
The Act protects women in the workplace in the widest sense: employees, but also interns, visitors and workers engaged through contractors. A complaint is to be made in writing to the Internal Committee within three months of the incident, and the Committee can extend that window for a further three months for reasons recorded in writing. Where the complaint is against the employer itself or the establishment has fewer than ten employees, the route is the Local Committee constituted at the district level.
What the process looks like
The Committee can attempt conciliation at the complainant's request, but not on the basis of a monetary settlement as the resolution. Otherwise it conducts an inquiry, ordinarily to be completed within ninety days, with both sides heard. Interim measures during inquiry can include transfer or leave for the complainant. The Committee's recommendations go to the employer, who must act on them within the prescribed time.
For both sides
These inquiries are formal proceedings with real consequences, including for reputations. Complainants should preserve evidence and put things in writing early. Persons responding to a complaint are entitled to a fair inquiry and should take the process seriously from the first notice.
This article is general information, not legal advice, and does not create a lawyer-client relationship. For advice on a complaint, a response, or employer compliance, start the intake.