The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) provides every aggrieved woman with a structured and confidential mechanism to report incidents of workplace sexual harassment. Filing a complaint is the first step towards seeking justice and ensuring that workplaces remain safe, respectful, and inclusive.
Understanding the complaint procedure helps both employees and employers comply with the law while ensuring that complaints are handled fairly and without bias.
Who Can File a POSH Complaint?
Any woman who believes she has experienced sexual harassment at the workplace can file a complaint under the POSH Act. The complaint may be submitted to:
- The Internal Committee (IC) of the organization, where one has been constituted.
- The Local Complaints Committee (LCC), where the organization has fewer than 10 employees, no Internal Committee exists, or the complaint is against the employer.
Step-by-Step Process to File a POSH Complaint
Step 1: Write a Formal Complaint
The complaint should be submitted in writing and clearly mention:
- Details of the incident(s)
- Date, time, and place of occurrence
- Name of the respondent (if known)
- Any supporting information or evidence
If the aggrieved woman is unable to prepare the complaint herself, the Internal Committee is required to provide reasonable assistance in reducing the complaint to writing.
Step 2: Submit the Complaint Within Three Months
The written complaint should ordinarily be filed within three months from the date of the incident.
In appropriate cases, where sufficient reasons for delay are established, the Internal Committee or Local Complaints Committee may extend this time limit as permitted under the POSH Act.
Step 3: Attach Supporting Evidence
Where available, the complainant should include relevant supporting documents, such as:
- Emails
- Messages or chats
- Screenshots
- Photographs
- Audio or video recordings (where legally permissible)
- Names and details of witnesses
While evidence strengthens the complaint, the absence of documentary evidence does not automatically invalidate a genuine complaint.
Step 4: Mention Witnesses
If any person witnessed the incident or has relevant information, their names and contact details may be provided to assist the inquiry.
Witness statements often play an important role in establishing the facts during the investigation.
Step 5: Internal Committee Sends Notice
After receiving the complaint, the Internal Committee generally sends a copy of the complaint to the respondent within seven working days, requesting a written response within the prescribed time.
The inquiry is then conducted in accordance with the principles of natural justice, ensuring both parties receive a fair opportunity to present their case.
Confidentiality Is Mandatory
One of the most important features of the POSH Act is confidentiality.
The identities of the complainant, respondent, witnesses, and all inquiry proceedings must remain confidential. Disclosure of complaint details to unauthorized persons is prohibited and may attract legal consequences.
Maintaining confidentiality protects the dignity and privacy of everyone involved while ensuring the integrity of the inquiry process.
Can a Complaint Be Filed Online?
Several State Governments and District Authorities have introduced online complaint portals or digital grievance mechanisms for certain establishments.
For example, She-Box (Sexual Harassment Electronic Box) is an online platform developed by the Government of India that enables women working in the government sector and, in certain cases, the private sector to submit workplace sexual harassment complaints electronically.
Tips Before Filing a Complaint
Employees should:
- Record incidents as soon as possible.
- Preserve emails, messages, and other evidence.
- Avoid deleting relevant communications.
- Report incidents promptly.
- Cooperate fully during the inquiry process.
- Maintain confidentiality throughout the proceedings.
Timely reporting helps ensure a more effective investigation.
How
Can Help You?
At BizGlobal, we help organizations establish legally compliant complaint redressal systems under the POSH Act while guiding employers and Internal Committees through every stage of the inquiry process.
Our services include:
- Drafting POSH Policies and complaint procedures
- Constitution and guidance for Internal Committees (IC)
- Complaint handling and inquiry advisory
- POSH compliance audits
- Documentation and legal compliance support
- Annual compliance assistance
- End-to-end POSH consultancy for startups, MSMEs, corporates, educational institutions, hospitals, and NGOs
We also provide professional POSH Training for employees, HR professionals, managers, leadership teams, and Internal Committee members. Our practical training programs help organizations prevent workplace harassment, educate employees about the complaint process, and maintain complete compliance with the POSH Act.
Conclusion
Filing a POSH complaint is a legal right designed to protect women from workplace sexual harassment and ensure that every complaint is addressed fairly, confidentially, and without retaliation. Understanding the complaint process empowers employees to seek redressal while helping employers build a workplace founded on dignity, trust, and accountability.
Need expert assistance with POSH compliance?
Contact BizGlobal today at +91-7982729187 and get your POSH policy, Internal Committee setup, complaint handling support, compliance advisory, and professional POSH training handled by experienced experts.