POSH Complaint Form (India)

Under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013, only an aggrieved woman can file a complaint of sexual harassment. The Act defines an 'aggrieved woman' broadly to include any woman of any age, whether employed or not, who alleges to have been subjected to any act of sexual harassment. This includes permanent employees, contractual workers, temporary staff, trainees, apprentices, daily wage workers, and even visitors or clients at the workplace. The Act thus has a wider scope than many workplace anti-harassment regimes in other jurisdictions. The complaint must be filed in writing with the Internal Complaints Committee (ICC) — constituted by the employer at each workplace with 10 or more employees — or with the Local Complaints Committee (LCC) constituted by the District Officer where the establishment has fewer than 10 workers or where the complaint is against the employer themselves. The time limit for filing a complaint is three months from the date of the incident, or from the date of the last incident in a series of incidents constituting sexual harassment. This three-month period can be extended by a further three months (to a maximum of six months in total) where the ICC or LCC is satisfied that the circumstances prevented the aggrieved woman from filing the complaint within the original period — for example, due to illness, psychological trauma, or fear of retaliation.

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013 and its accompanying Rules — the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules 2013 — do not prescribe a rigid pro forma for complaints, but they do require a written complaint that is detailed enough to enable the ICC to conduct a meaningful inquiry. A comprehensive POSH complaint should contain: the full name, designation, department, and contact details of the complainant; the full name and designation of the respondent (the person against whom the complaint is made); a detailed chronological narrative of each incident of alleged sexual harassment, including the date, time, and place of each incident; a description of the specific conduct alleged to constitute sexual harassment, which under Section 2(n) of the Act includes any unwelcome act or behaviour — whether directly or by implication — of a physical, verbal, or non-verbal sexual nature, including unwelcome physical contact, demands for sexual favours, sexually coloured remarks, displaying pornography, or any other unwelcome conduct of a sexual nature; the names and contact details of any witnesses to the incident(s); any documentary evidence in the complainant's possession, such as messages, emails, or photographs; and details of any prior complaint made informally or formally to management. The complaint must be signed by the complainant.

Once a written complaint is filed with the Internal Complaints Committee under the Sexual Harassment of Women at Workplace Act 2013, a structured statutory process is triggered. First, the ICC must send a copy of the complaint to the respondent within seven working days of receiving it, giving the respondent 10 working days to file a written reply along with any supporting documents and the names of any witnesses they wish to examine. Before proceeding to a formal inquiry, the ICC may, at the request of the aggrieved woman only, attempt conciliation between the parties. Importantly, no monetary settlement may be used as the basis for conciliation. If conciliation succeeds and a settlement is reached, the ICC records the terms and reports to the employer, and no further inquiry is conducted. If conciliation fails or is not requested, the ICC proceeds with a formal inquiry. The formal inquiry must be completed within 90 days. Both parties are entitled to present their evidence and cross-examine each other's witnesses. The ICC is required to follow the principles of natural justice. Upon completing the inquiry, the ICC prepares a report stating its findings and recommendations. If the complaint is substantiated, recommendations may include a written apology, a warning, a reprimand, a withholding of salary increment or promotion, transfer, suspension, or termination of the respondent. The employer must act on the ICC's recommendations within 60 days. Non-compliance by the employer is an offence under the Act.

A POSH Complaint Form (India) does not legally require a lawyer in India, and individuals and businesses may draft and execute the document independently. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 does not mandate legal representation for the creation or signing of this type of document. However, seeking independent legal advice from a qualified India lawyer is recommended for transactions involving substantial financial value, complex regulatory requirements, or cross-border elements where multiple legal jurisdictions may apply. A lawyer can verify that the document complies with all applicable statutory requirements, identify potential risks specific to the transaction, and confirm that the terms adequately protect the interests of all parties involved. The Supreme Court of India and the High Courts have jurisdiction over disputes arising from this type of document. Professional legal review is particularly advisable where the document will be submitted to government agencies or used as evidence in legal proceedings.

A POSH Complaint Form (India) does not legally require a lawyer in India, though legal advice is recommended. Under India law, Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, parties should seek independent legal advice from a qualified lawyer to confirm compliance with all applicable requirements.