A POSH complaint is a written complaint of sexual harassment at the workplace, made under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. It goes to your employer’s Internal Committee (IC). If your workplace has fewer than ten employees, or the complaint is against the employer, it goes to the Local Committee set up by the district.
You must file within three months of the incident, or of the last incident if it happened more than once. The committee can extend this by another three months if there were good reasons for the delay. The inquiry must finish within 90 days.
A POSH complaint is not the same as a police complaint. You can do either, or both.
What counts as sexual harassment at work
The Act covers unwelcome physical contact and advances, a demand or request for sexual favours, sexually coloured remarks, showing pornography, and any other unwelcome physical, verbal or non-verbal conduct of a sexual nature. It also covers implied promises of better treatment, threats about your job, interference with your work, or a hostile work environment linked to such conduct.
“Workplace” is wide. It includes client sites, work travel, transport arranged by the employer, and places you visit because of work. Messages on work chat or personal phones from a colleague can be part of a complaint.
Internal Committee or Local Committee
| Situation | Where the complaint goes |
|---|---|
| Employer has 10 or more employees | The employer’s Internal Committee |
| Employer has fewer than 10 employees | Local Committee of the district |
| Complaint is against the employer itself | Local Committee of the district |
| Domestic workers | Local Committee of the district |
Every employer with ten or more employees must have an Internal Committee. It is headed by a senior woman employee, has at least two employee members, and one external member from an NGO or a person familiar with the issues. At least half the members must be women.
The Local Committee is set up by the District Officer for each district. For Bengaluru Urban, the district administration or the Women and Child Development department can tell you the current Local Committee. Local Committees are also listed on SHe-Box.
An employer that has not set up an Internal Committee can be fined up to ₹50,000 under Section 26 of the Act.
How to file a POSH complaint
- Write the complaint. Give the name and role of the person, what happened, when and where, and who saw it or heard about it. Attach messages, emails or other proof. If you cannot write it yourself, any IC member must help you put it in writing.
- Submit it to the IC. Email the presiding officer or any member, and keep a copy. Six copies are usually asked for under the rules, but email submission is common.
- Or file on SHe-Box. The Ministry of Women and Child Development’s SHe-Box portal (shebox.wcd.gov.in), relaunched in August 2024, sends your complaint to the IC or Local Committee concerned and lets you track it.
If you are unable to file because of physical or mental incapacity, or death, a relative, friend or co-worker can file for you, as the rules provide.
The timeline after you file
| Stage | Time limit |
|---|---|
| Filing the complaint | Within 3 months of the incident (or last incident), extendable by 3 more months |
| Copy sent to the respondent | Within 7 working days of receiving the complaint |
| Respondent’s reply | Within 10 working days of receiving the copy |
| Inquiry completed | Within 90 days |
| Report to the employer | Within 10 days of completing the inquiry |
| Employer acts on the report | Within 60 days of receiving it |
| Appeal | Within 90 days of the recommendations |
The IC hears both sides, can call witnesses, and can ask for documents. You can ask for the inquiry to be fair: that you see what the other side has filed and get a chance to reply.
Conciliation, if you want it
Before starting an inquiry, the IC can try conciliation between you and the respondent, but only if you ask for it. A monetary settlement cannot be the basis of conciliation. If a settlement is reached, the IC records it and no inquiry follows. If the respondent does not comply with the settlement, you can ask the IC to start the inquiry.
You are not obliged to agree to conciliation. Some people prefer it for a single, less serious incident. Many do not.
Interim relief during the inquiry
While the inquiry is on, you can ask the IC to recommend:
- transfer of you or the respondent to another workplace
- leave of up to three months for you, in addition to your normal leave
- that the respondent stop reporting on your work or writing your appraisal
The employer must implement these recommendations.
What happens at the end
If the IC finds the allegation proved, it recommends action under the service rules, which can range from a written apology and warning to withholding of promotion or increments, termination, or deduction from the respondent’s salary as compensation for you. In deciding compensation, the IC considers the mental trauma, loss of career opportunity and medical expenses.
If the allegation is not proved, the IC recommends no action. A complaint that is not proved is not the same as a false complaint. Action for a false or malicious complaint is possible only where the IC finds it was made knowingly false, and an inability to prove the complaint is not enough.
The Act requires the complaint, the identities and the inquiry to be kept confidential.
Appeal and other routes
Either side can appeal the IC’s or Local Committee’s recommendations within 90 days, to the appellate authority under the service rules or as the POSH Rules provide.
Separately, if the conduct is also an offence, such as sexual harassment, stalking or voyeurism under Sections 75, 78 and 77 of the Bharatiya Nyaya Sanhita (earlier Sections 354A, 354D and 354C IPC), you can file a police complaint. If the police do not act, see our guide on what to do if the police refuse an FIR. If harassment continued online, see filing a cyber crime complaint in Bengaluru.
If you were dismissed or pushed out after complaining, that may also be a wrongful termination. See salary not paid or wrongful termination.
Questions people ask
What is the time limit to file a POSH complaint?
Three months from the incident, or from the last incident if there was a series. The Internal Committee can extend this by up to three more months for reasons it records.
Can I file a POSH complaint if my company has no Internal Committee?
Yes. File with the Local Committee of the district, or through SHe-Box. An employer with ten or more employees that has no IC can also be fined.
How long does a POSH inquiry take?
The Act gives 90 days to complete the inquiry, and the employer must act on the report within 60 days after that.
Can a POSH complaint be filed against a client or a vendor’s employee?
Yes. The Act covers harassment at the workplace by any person, including visitors and outsiders, and the employer must help you take action.
Is a POSH complaint the same as a police case?
No. A POSH complaint is an internal civil process at the workplace. A police complaint is a criminal case. You can pursue both at the same time.
Talk to us about your matter
Call or WhatsApp to fix a time. Bring your papers to the office in Rajarajeshwari Nagar.
This article is general information about the law as it stood when it was written. Your facts change the answer. Speak to an advocate before you act on it.