POSH Complaint Process
Step-by-step statutory workflow for filing, admitting, conciliating, and adjudicating sexual harassment complaints in the workplace.
POSH Complaint Process under the POSH Act
A POSH complaint does not begin with an inquiry. The first questions are more basic: who can complain, where the complaint should go, whether it is within time, and whether the woman needs assistance to put it in writing. Getting these threshold issues right matters because the inquiry stage comes only after the complaint has entered the statutory process.
This page explains the complaint stage under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and the 2013 Rules. It is separate from the detailed inquiry procedure, which begins once the Committee proceeds under section 11.
Where is a POSH complaint filed?
Section 9 starts with the Internal Committee. An aggrieved woman may make a written complaint of sexual harassment at workplace to the Internal Committee where it has been constituted. The Local Committee is the statutory forum in the situations assigned to it under the Act.
When does the Local Committee become relevant?
Section 6 specifically gives the Local Committee jurisdiction to receive complaints from establishments where an Internal Committee has not been constituted because there are fewer than ten workers, and where the complaint is against the employer. The Local Committee operates at district level.
A company should not treat the Local Committee as a substitute for an Internal Committee that it was legally required to constitute. The correct forum depends on the statutory structure and the facts of the workplace.
Who can make a complaint?
Section 9(1) gives the complaint right to an "aggrieved woman" as defined in the Act. The statutory framework is therefore framed around a woman who alleges sexual harassment at a workplace, whether or not she is employed there, subject to the definition and the facts of the case.
If the aggrieved woman cannot make the complaint herself
Section 9(2) allows a complaint to be made by a legal heir or another prescribed person where the aggrieved woman is unable to complain because of physical or mental incapacity, death or otherwise. Rule 6 then identifies who may act in those situations.
- Physical incapacity: a relative or friend; a co-worker; an officer of the National Commission for Women or State Women's Commission; or a person who knows of the incident, with the aggrieved woman's written consent.
- Mental incapacity:a relative or friend; a special educator; a qualified psychiatrist or psychologist; the guardian or authority under whose care she is receiving treatment or care; or a person who knows of the incident jointly with one of the persons specified in Rule 6.
- Any other reason preventing her from complaining: : a person who knows of the incident, with her written consent.
- Death:a person who knows of the incident, with the written consent of her legal heir.
These are statutory categories. They should not be replaced by a broad assumption that "anyone can file a POSH complaint on someone else's behalf."
What is the time limit for filing a POSH complaint?
The ordinary time limit is three months. Under section 9(1), the complaint is to be made within three months from the date of the incident. Where there is a series of incidents, the three months run from the date of the last incident in that series.
Can the three-month period be extended?
Yes, but the extension is not automatic. The Internal Committee or Local Committee may extend the time by a further period not exceeding three months if it is satisfied that circumstances prevented the woman from filing within the original period. The reasons for extending time must be recorded in writing.
A delayed complaint should not be treated casually in either direction. The Committee should identify the relevant incident or last incident, consider the explanation for delay, and record its decision on extension. The Act does not authorise an open-ended extension under section 9.
Does the complaint have to be in writing?
Section 9 contemplates a written complaint. It also recognises that the woman may not be able to prepare one herself. In that situation, the Presiding Officer or any member of the Internal Committee, or the Chairperson or any member of the Local Committee, must provide reasonable assistance to enable the complaint to be made in writing.
The duty is to assist with recording the complaint - not to rewrite the woman's account into a different case theory, add allegations she has not made, or pressure her to use particular language.
What should go into a complaint?
Section 9 does not prescribe a single statutory complaint template. A useful written complaint should make the allegation understandable: what happened, who is complained against, the workplace connection, and the relevant date or period. Where there are several incidents, the sequence should be described as clearly as the complainant can reasonably do.
Rule 7(1), in the prescribed inquiry framework, refers to the complaint being filed with supporting documents and the names and addresses of witnesses, and states that six copies are to be submitted to the Complaints Committee. Organisations increasingly provide electronic reporting channels, but an internal digital process should not be confused with changing the legal requirements of the Act and Rules.
A complaint is not the final proof of the case. The evidentiary assessment belongs to the inquiry. The complaint stage is the point at which the allegation enters the statutory redressal process.
A workplace concern is not always the same thing as a section 9 complaint
Employees often speak first to a manager, HR professional or colleague. That conversation may be important, but it should not automatically be labelled a formal complaint under section 9 without understanding what has actually been communicated and what the woman wants to do.
For employers, this creates a practical discipline: the person receiving the concern should know how to preserve confidentiality, explain the available reporting route and avoid starting a parallel fact-finding exercise that may complicate the Committee's process.
A manager or HR professional should not promise an outcome, attempt to decide credibility, confront the respondent on their own initiative, or pressure the woman into an informal settlement. The statutory Committee, not an ad hoc managerial process, performs the redressal function assigned to it by law.
What happens after the complaint is received?
Before an inquiry begins, the Committee must consider the route contemplated by sections 10 and 11.
Conciliation - only if the aggrieved woman requests it
Section 10 permits the Internal Committee or Local Committee, before initiating an inquiry, to take steps toward conciliation at the request of the aggrieved woman. Conciliation is therefore not a compulsory first step and should not be imposed by the employer or Committee.
The Act expressly provides that a monetary settlement cannot be the basis of conciliation. If a settlement is reached, the Committee records it, forwards it to the employer or District Officer for action, and gives copies to the aggrieved woman and the respondent. No further inquiry is conducted while that settlement stands.
If the aggrieved woman later informs the Committee that a term or condition of the settlement has not been complied with, section 11 allows the Committee to proceed with the inquiry or, as the case may be, forward the complaint to the police.
If the matter proceeds to inquiry
Section 11 governs the inquiry stage. Where the respondent is an employee, the applicable service rules matter; where no such rules exist, the prescribed procedure becomes relevant. Under Rule 7, where applicable, a copy of the complaint is sent to the respondent within seven working days and the respondent is given up to ten working days from receipt of the documents to file a reply with the stated documents and witness details.
The detailed hearing, natural-justice and evidence questions belong to the separate POSH Inquiry Process guide.
What should HR or a manager do when a concern first reaches them?
The Act does not turn every manager into an investigator. A sensible first-response protocol is administrative and protective rather than adjudicatory.
- Listen without deciding the case - Record what the employee is actually raising; do not announce whether it is "harassment" or "not harassment" on the spot.
- Explain the reporting route - Tell the employee how to reach the Internal Committee or, where relevant, the Local Committee.
- Offer writing assistance where required - Where the statutory duty to assist applies, ensure the Committee facilitates a written complaint.
- Limit unnecessary disclosure Share information only with people who need it for the lawful handling of the matter.
- Do not negotiate a settlement for the parties -Conciliation under section 10 is available only at the aggrieved woman's request and is handled through the Committee.
- Preserve relevant records - Avoid deletion, casual forwarding or alteration of communications and documents that may later be relevant.
These are implementation controls, not a substitute for the statutory text. The precise response can depend on the facts, the organisation's service rules and whether any parallel legal or safety issue is involved.
Common mistakes at the complaint stage
- Treating the three-month period as either irrelevant or automatically extendable.
- Refusing a complaint merely because the woman needs help putting it in writing.
- Assuming that any colleague can file on behalf of the aggrieved woman without checking section 9(2) and Rule 6.
- Sending every matter to HR even though the statutory complaint belongs before the Internal Committee or Local Committee.
- Forcing conciliation before the woman has requested it.
- Beginning an informal managerial investigation before clarifying the statutory route.
- Circulating complaint details more widely than the process requires.
- Treating the complaint itself as proof that the allegation is established.
- Treating the complaint stage and the inquiry stage as if they were the same process.
POSH complaint process - quick sequence
- Complaint - Written complaint under section 9, subject to the statutory time limit and available assistance.
- Forum - Internal Committee where applicable; Local Committee in the situations assigned to it by section 6.
- Limitation review - Three months from the incident or last incident in a series; possible further extension up to three months for recorded reasons where the statutory test is met.
- Conciliation, if requested - Available before inquiry at the aggrieved woman's request; monetary settlement cannot be its basis.
- Inquiry - If the matter proceeds, section 11 and the applicable service rules or prescribed procedure govern the next stage.
- Confidentiality - Section 16 applies to the complaint and subsequent statutory process.
Frequently Asked Questions
Related POSH Guides
- POSH Inquiry Process before the Internal Committee
- Principles of Natural Justice in a POSH Inquiry
- POSH Confidentiality Rules: Section 16 Explained
- Internal Committee Constitution and Composition
- External Member of the Internal Committee
Primary Legal References
Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 - sections 6, 9, 10, 11 and 16.Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013 - rules 6 and 7.
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Disclaimer:This content is for general legal awareness and educational purposes only. It does not constitute legal advice, advertisement, solicitation, or create an advocate-client relationship. For legal advice concerning specific facts, disputes or proceedings, consult an independent qualified legal professional.