Workplace Sexual Harassment (POSH) Complaints: A Practical Guide for Employees in India

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 — commonly called POSH — gives every working woman in India a legal right to a safe workplace. Here’s how the complaint process actually works.

Who Must Have an Internal Committee

Every organisation with 10 or more employees is legally required to constitute an Internal Committee (IC) to receive and inquire into harassment complaints. Where an employer has none, complaints can instead go to the district-level Local Committee.

The Complaint Timeline

• A complaint should generally be filed within 3 months of the incident (extendable by the IC in appropriate circumstances)
• The IC must complete its inquiry within 90 days of the complaint
• A written report and recommendation must follow within 10 days of completing the inquiry

What Counts as Evidence

Contemporaneous messages, emails, witness accounts, and a written record of incidents (even a personal diary maintained close to the time of the incident) all strengthen a complaint. You are not required to have irrefutable proof to file — the IC’s job is to investigate.

Protection Against Retaliation

The law prohibits retaliation against a complainant, including termination, demotion, or a hostile work environment triggered by the complaint. Retaliation can itself become grounds for a further complaint or legal action.

What This Means for You

• You can file a complaint even if the harasser is more senior, or someone outside your direct reporting line but within the workplace
• An employer’s failure to constitute an IC is itself a compliance violation
• You can seek external legal advice at any stage — you are not limited to the internal process alone

Our harassment remedies team represents complainants through the IC process and, where necessary, before courts and the police. All consultations are confidential. Call +91 72860 12736 or WhatsApp us.