Workplace Harassment — POSH Act Compliance and Legal Action for Employees

Every employer must constitute an Internal Complaints Committee (ICC) at each office/branch with 10+ employees. The ICC must be composed of: Presiding Officer (woman employee at senior level), 2 members from among employees (preferably with social work/legal background), 1 member from an NGO (external), and at least 50% women members.

Employers must organize regular awareness programs on sexual harassment, display the POSH policy prominently, include the rules in the employment contract, and file annual reports with the District Officer. Non-compliance can result in a fine of up to Rs. 50,000 for first offence and double for subsequent offences.

Any woman employee can file a written complaint of sexual harassment with the ICC within 3 months of the incident (extendable by another 3 months). The complaint must contain details of the incident(s), names of parties, witnesses, and evidence.

The ICC can assist the complainant in drafting the complaint if needed. During the process, the complainant can request for transfer of the respondent, leave for up to 3 months, or other interim relief. The complaint process is confidential.

On receiving a complaint, the ICC conducts a preliminary review. If the complaint is prima facie valid, it initiates an inquiry. The respondent is given a copy of the complaint and asked to submit a written response within 10 working days.

The ICC conducts a thorough inquiry examining witnesses and documents. Both parties have the right to be heard, cross-examine witnesses, and present evidence. The ICC must complete the inquiry within 90 days and submit a report within 10 days thereafter.

The ICC's report includes findings on whether sexual harassment occurred and recommendations for action. If harassment is proved, the ICC recommends disciplinary action (up to termination) or monetary compensation to the complainant.

The POSH Act allows for conciliation between the parties at the request of the complainant. However, monetary settlement is not treated as a basis for conciliation. If conciliation is reached, the complainant cannot pursue further proceedings.

If the conciliation fails, the ICC continues with the inquiry from where it was left. The conciliation process cannot delay the inquiry timeline. Our legal team can guide complainants on whether conciliation is appropriate.

The POSH Act mandates strict confidentiality. No person can publish or make known the contents of the complaint, the identity of parties, or the inquiry proceedings. Violation is punishable with a fine of Rs. 5,000.

The Act prohibits retaliation or victimization of the complainant. If the complainant suffers any adverse treatment (transfer, demotion, termination) in connection with the complaint, it is treated as victimization and attracts disciplinary action against the respondent.

If either party is aggrieved by the ICC's recommendations, they can appeal to the Industrial Tribunal or Labour Court within 90 days. The complainant can also file a criminal complaint under IPC (Section 354, 354A, 354B, 354C, 509) along with the POSH complaint.

The employer must implement the ICC's recommendations. Failure to do so can result in legal action. The ICC's annual report must be filed with the District Officer. The District Officer also constitutes a Local Complaints Committee (LCC) for workplaces with less than 10 employees.