How a POSH Complaint Is Filed and Handled
A practical guide to the written complaint requirement, statutory time period, assistance in writing, Local Committee route and the first procedural steps after a complaint is received.
The complaint stage is where procedural accuracy begins. Employers and Internal Committees should know what the law requires, what should be documented, and what should not be improvised.
Section 9: The Statutory Starting Point
Section 9 provides the statutory mechanism for an aggrieved woman to make a written complaint of sexual harassment at the workplace to the Internal Committee, where constituted, or to the Local Committee where the Internal Committee has not been constituted.
The page must describe a fair process without assuming that a complaint is proved merely because it has been filed. The complainant, respondent and witnesses are entitled to dignity, confidentiality and due process.
| Column Title | Column Title |
|---|---|
| Density Range | 70–150 kg/m³ |
| Density Range | 70–150 kg/m³ |
| Density Range | 70–150 kg/m³ |
| Density Range | 70–150 kg/m³ |
| Density Range | 70–150 kg/m³ |
Who Can File, and Where?
B. Where the woman cannot make the complaint herself (Rule 6 Summary)
- Physical incapacity: A relative or friend; co-worker; NCW/State Women’s Commission officer; or a person with knowledge of the incident with the woman’s written consent.
- Mental incapacity: Specified persons include a relative/friend, special educator, qualified psychiatrist/psychologist, guardian/authority providing care, or a person with knowledge jointly with one of the specified supporting persons.
- Other reason unable to complain: A person with knowledge of the incident may complain with the woman’s written consent.
- Death: A person with knowledge of the incident may complain with the written consent of the legal heir.
The Three-Month Period and Extension
Ordinary statutory period
The complaint should ordinarily be made within three months from the date of the incident. Where there is a series of incidents, the three-month period runs from the date of the last incident.
Extension: up to a further three months
The Internal Committee or Local Committee may extend the time limit by a period not exceeding three months where it is satisfied that circumstances prevented the woman from filing within the original period. The reasons for extension must be recorded in writing.
Practical Handling for HR / IC
- Record the date on which the complaint was received.
- Identify the incident date or the last incident date in a series, without prejudging the merits.
- If the complaint appears outside the ordinary three-month period, do not reject it mechanically.
- Place any request or explanation for delay before the Committee for a reasoned determination under Section 9.
- Keep the extension decision and reasons within the confidential case record.
The statute contains an express extension mechanism. The employer or HR function should not privately decide the legal maintainability of the complaint in substitution for the duly constituted Committee. Route the complaint promptly and preserve procedural neutrality.
What if the Complaint Is Not in Writing?
Section 9 expressly addresses this situation. Where the complaint cannot be made in writing, the Presiding Officer or any Member of the Internal Committee - or the Chairperson or any Member of the Local Committee - must render all reasonable assistance to the woman for making the complaint in writing.
The writing requirement should therefore not be used as a barrier where the woman is unable to reduce the complaint to writing herself. The statutory response is assistance, not dismissal at the reception stage.
Good First-Response Practice
- ☐ Offer a private and accessible channel to communicate the complaint.
- ☐ Explain who will receive the written complaint and how confidentiality is handled.
- ☐ Assist in reducing the complaint to writing where Section 9 assistance is required.
- ☐ Allow the complainant to review the written version for accuracy before it is treated as her complaint.
- ☐ Avoid leading questions, argumentative cross-examination or a merits interview by HR at the intake stage.
- ☐ Preserve the original email/message/document and the final complaint record.
A complaint intake page should feel accessible and procedural - not like a police FIR form or adversarial litigation page.
What Should a Complaint Contain?
Section 9 requires a written complaint; Rule 7(1), which governs the manner of inquiry, states that at the time of filing the complainant shall submit six copies of the complaint together with supporting documents and the names and addresses of witnesses.
Practical Information Checklist
- Name and contact details of the complainant, subject to appropriate confidentiality controls.
- Identity/details of the respondent sufficient to identify the person concerned.
- Description of the alleged incident or series of incidents.
- Dates or approximate dates, locations and workplace connection, where known.
- Supporting documents or electronic material the complainant wishes to rely upon.
- Names and addresses/contact information of witnesses, where relied upon.
- Any explanation relevant to delay if the complaint is outside the ordinary Section 9 period.
- Any immediate safety or interim-relief concern that should be placed before the Committee.
Rule 7 uses a paper-era “six copies” formulation. A modern organisation may operate secure digital workflows, but the public page should not imply that a digital practice can simply override the Rules. The organisation should ensure its intake process remains consistent with applicable law, service rules and procedural requirements.
What Should Happen Immediately After Receipt?
The first hours and days after receipt are primarily about routing, confidentiality, preservation and procedural control - not deciding whether the allegations are true.
1. Acknowledge receipt through an appropriate confidential channel.
2. Route the complaint to the duly constituted Internal Committee, or identify the Local Committee route.
3. Restrict access to people who genuinely need the information for the statutory process.
4. Preserve the complaint, attachments and relevant records without altering them.
5. Check whether writing assistance, accessibility support or an extension issue needs Committee attention.
6. Place any immediate written request for interim relief before the Committee; do not invent informal punitive measures.
7. After the complaint enters the inquiry process, follow the service rules and/or prescribed Rule 7 procedure.
Rule 7: The Next Procedural Steps
- Copy to respondent: One copy of the complaint is to be sent to the respondent within seven working days of receipt.
- Respondent’s reply: Reply with documents and witness details is to be filed within a period not exceeding ten working days from receipt.
- Inquiry standard: Inquiry is to follow principles of natural justice.
- Legal practitioners: Parties are not allowed to bring a legal practitioner to represent them before the Complaints Committee.
- Committee attendance: Minimum three Committee members, including the Presiding Officer/Chairperson, must be present while conducting the inquiry.
Conciliation Comes Only at the Woman’s Request
What This Means for Employers and HR
- Do not pressure the complainant to “settle internally”.
- Do not present conciliation as a compulsory preliminary step.
- Do not negotiate money as the basis of conciliation under Section 10.
- If a settlement is arrived at, the Committee records it and forwards it to the employer or District Officer for action.
- Copies of the recorded settlement are provided to the aggrieved woman and respondent.
- Where settlement is reached under Section 10, no further inquiry is conducted; if a settlement term is not complied with, Section 11 provides a route for the Committee to proceed.
Section 10 expressly provides that no monetary settlement shall be made as the basis of conciliation.
Confidentiality Begins at Complaint Intake
Section 16 restricts publication or disclosure of the contents of the complaint, identities and addresses of the aggrieved woman, respondent and witnesses, information relating to conciliation and inquiry proceedings, Committee recommendations and action taken under the Act, subject to the statutory proviso.
Operational Controls
- Item Title ☐ Use a restricted case folder rather than an ordinary HR shared drive.
- Item Title ☐ Avoid forwarding the complaint through large email distribution lists.
- Item Title ☐ Do not announce the complaint or parties’ identities in staff groups or management meetings beyond need-to-know participation.
- Item Title ☐ Separate workplace safety/administrative action from gossip or reputational assumptions.
- Item Title ☐ Control exports, screenshots, printouts and informal messaging of the complaint record.
- Item Title ☐ Remind Committee members and support staff of their confidentiality obligations.
Receipt of a complaint is not a finding of misconduct. Equally, an intake officer should not dismiss or trivialise the complaint because evidence has not yet been tested. The merits belong to the statutory process.
Complaint Receipt SOP & Common Mistakes
1. Receive: Do provide a private, accessible channel; note receipt date. Avoid public discussions, interrogation or promises of outcome.
2. Preserve: Do secure the complaint, attachments and relevant records. Avoid deleting, editing or “cleaning up” original evidence.
3. Route: Do send to the competent IC/LC pathway promptly. Avoid keeping the complaint only within HR or reporting hierarchy.
4. Assist: Do give Section 9 writing assistance where required. Avoid rejecting an oral disclosure merely because it is not yet written.
5. Time: Do flag incident dates and any extension issue to the Committee. Avoid mechanical rejection after three months.
6. Protect: Do apply confidentiality and need-to-know controls. Avoid broad circulation of allegations or identities.
7. Procedural next step: Do follow Section 10/11 and Rule 7 as applicable. Avoid informal mediation or disciplinary shortcuts outside the framework.
Common Mistakes at the Complaint Stage
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“Only employees can file POSH complaints.”
Safer position: The statutory definition of aggrieved woman in relation to a workplace is not confined to employees. -
“Anything after three months is time-barred.”
Safer position: Section 9 allows an extension not exceeding three months where the statutory conditions are met and reasons are recorded. -
“An oral complaint can be ignored.”
Safer position: Where the complaint cannot be made in writing, the Act requires reasonable assistance to reduce it to writing. -
“HR should first investigate whether it is genuine.”
Safer position: The complaint should be routed to the competent Committee; HR should not substitute itself for the statutory inquiry body. -
“Conciliation must be tried first.”
Safer position: Conciliation under Section 10 is at the request of the aggrieved woman and cannot be based on monetary settlement. -
“A complaint against the employer goes to the same IC.”
Safer position: Section 6 routes a complaint against the employer himself to the Local Committee. -
“The respondent can bring an advocate to IC hearings.”
Safer position: Central Rule 7(6) says parties shall not be allowed to bring a legal practitioner to represent them before the Complaints Committee.
Clear intake channels, lawful routing, confidentiality controls and documented first-response steps reduce avoidable procedural errors before the inquiry even begins.
Frequently Asked Questions
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. Complaint routing, service rules and procedural requirements may depend on the facts, establishment and applicable legal framework. For organisation-specific or case-specific guidance, consult a qualified legal professional.