I'm facing sexual harassment at work. What is the complaint mechanism?

What the Law Says

The law mandates every employer with 10+ employees to constitute an Internal Complaints Committee (ICC) to handle sexual harassment complaints. The process is governed by the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and its Rules.

Under the POSH Act, any woman employee who experiences sexual harassment at work has the right to file a written complaint with the ICC constituted by her employer. The complaint must generally be filed within 3 months from the date of the incident — but this may be extended up to 6 months if the ICC is satisfied that circumstances prevented timely filing.

The ICC must acknowledge receipt of the complaint within 7 days and complete its inquiry within 90 days of receiving it. The committee must have at least 10 members, including a presiding officer (a woman employed at senior level), two employees (one preferably committed to women’s causes), and one external member from an NGO or association familiar with sexual harassment issues.

The Act defines sexual harassment broadly — including unwelcome physical contact, advances, demands for sexual favours, sexually coloured remarks, showing pornography, or any other unwelcome conduct of a sexual nature.

Statutory Text

Every employer shall constitute an Internal Complaints Committee at each office or branch, where the number of employees is ten or more.

— Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, s. 4(1) — Constitution of Internal Complaints Committee

Statutory Text

The complaint may be filed within a period of three months from the date of the incident and where such incident consists of a series of acts, within a period of three months from the date of the last act.

— Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, s. 9(1) — Making of complaint

Statutory Text

The Internal Complaints Committee shall complete the inquiry within a period of ninety days from the date of receipt of the complaint.

— Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, s. 11(1) — Inquiry

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