Procedure for Filing and Handling a POSH Complaint at the Workplace

Procedure for Filing and Handling a POSH Complaint at the Workplace

INTRODUCTION 

The law on Prevention of Sexual Harassment at the Workplace, 2013, strives to provide a safe and dignified working environment and a structured mechanism for redressal of complaints. It balances the rights of the aggrieved woman with principles of fairness, confidentiality, and natural justice for all parties involved.

Procedure for filing and handling a POSH complaint:

1. The aggrieved woman must submit a written complaint to the Internal Complaints Committee (ICC) of the workplace.
2. The complaint should be filed within 3 months from the date of the incident or last incident, with scope for extension on sufficient cause.
3. On request of the complainant, the ICC may initiate conciliation, excluding any monetary settlement.
4. If conciliation is not sought or fails, the ICC conducts a formal inquiry following service rules or prescribed procedure.
5. Both parties are given an opportunity to present evidence, documents, and witnesses during the inquiry.
6. The inquiry must be completed within 90 days while maintaining strict confidentiality.
7. The ICC submits its report and recommendations to the employer within 10 days of completion of the inquiry.
8. The employer must implement the recommendations within 60 days.

The employer is under a statutory duty to constitute the ICC, support the inquiry process, and ensure compliance with recommendations. Policy guidance and oversight for effective implementation of POSH across workplaces is exercised by the Ministry of Women and Child Development.

CONCLUSION

A POSH complaint mechanism is not merely a procedural formality but a legal obligation designed to foster a respectful workplace culture. Prompt action, confidentiality, and adherence to prescribed timelines are essential to maintain trust in the process and ensure justice for all stakeholders.

FAQs

1. Who can file a POSH complaint?
   Any aggrieved woman, including employees, interns, trainees, or visitors, can file a complaint.
2. Is verbal complaint sufficient under POSH?
   No, the complaint must be in writing, though assistance can be provided to reduce it into writing.
3. Can a complaint be settled through payment of money?
   No, monetary settlement is expressly prohibited during conciliation.
4. What if the organisation does not have an ICC?
   The complaint can be filed before the Local Complaints Committee constituted by the district authority.
5. Can legal action be taken alongside a POSH complaint?
   Yes, filing a POSH complaint does not bar criminal or civil remedies under other applicable laws.