How to File a POSH Complaint (Workplace Sexual Harassment) — Step-by-Step Guide

To file a POSH complaint (workplace sexual harassment), submit a written complaint to the Internal Complaints Committee (ICC) of your employer within 3 months of the incident (extendable by 3 months for good reason). If your workplace does not have an ICC or has fewer than 10 employees, file with the Local Complaints Committee (LCC) of your district. You can also file online through the SHe-Box portal at shebox.wcd.gov.in. The inquiry must be completed within 90 days, and the employer must act on the ICC's recommendations within 60 days. Filing is free, and you need a written description of the incident, any evidence, and your identity documents.

Who can file a POSH complaint

• Any woman — the term includes women of all ages, whether employed or not, who alleges sexual harassment at the workplace
• "Aggrieved woman" under Section 2(a) includes:
  • Regular, temporary, ad hoc, or daily wage employee
  • Co-worker, contract worker, probationer, trainee, or apprentice
  • A woman working in a dwelling place or house (domestic worker)
  • A visitor or client at the workplace
  • An intern (paid or unpaid)

What constitutes "sexual harassment" under the POSH Act:

• Physical contact and advances
• A demand or request for sexual favours
• Making sexually coloured remarks
• Showing pornography
• Any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature
• Implied or explicit promise of preferential treatment in employment
• Implied or explicit threat of detrimental treatment in employment
• Implied or explicit threat about present or future employment status
• Interference with work or creating an intimidating, hostile, or offensive work environment
• Humiliating treatment likely to affect health or safety

What is "workplace": Broadly defined to include any place visited by the employee arising out of or during the course of employment — office, factory, branch, establishment, sports venue, transportation provided by the employer, dwelling place where work is performed, and even online work environments.

Time limit: The written complaint must be filed within 3 months from the date of the incident or the last incident in a series of incidents. The ICC/LCC can extend this by another 3 months if it is satisfied that circumstances prevented timely filing.

Documents you will need

Mandatory documents

• Written complaint — A detailed description of the incident(s) of sexual harassment, including: date, time, place, names of witnesses, description of the conduct, and impact on you. The complaint must be addressed to the Presiding Officer / Chairperson of the ICC
• Identity proof — Aadhaar, employee ID card, voter ID, or passport (photocopy)
• Six copies of the complaint — The ICC requires copies for the respondent, ICC members, and records (check your organisation's ICC policy for exact number)

Additional documents (strongly recommended)

• Evidence — Screenshots of messages, emails, WhatsApp chats, photos, CCTV footage requests, audio/video recordings (with appropriate Section 65B/Section 63 BSA certificates for electronic evidence)
• Witness list — Names and contact details of any witnesses who can corroborate your account
• Medical/psychological reports — If the harassment caused physical or mental health effects (therapy records, counselling reports)
• Previous complaints — If you have previously reported the behaviour informally or formally to HR, manager, or anyone else

Step-by-step process

Step 1: Identify the appropriate complaints body

If your workplace has 10 or more employees: Your employer is legally required to have an Internal Complaints Committee (ICC). Find out who the Presiding Officer is — the ICC details should be displayed at a conspicuous place in the workplace, included in the employee handbook, or available from HR.

If your workplace has fewer than 10 employees, or if the complaint is against the employer: File with the Local Complaints Committee (LCC) of the district where the workplace is located. The LCC is constituted by the District Officer (usually the District Magistrate or Collector).

Where to find ICC/LCC details:

• ICC: Notice board at the workplace, employee handbook, HR department, or company intranet
• LCC: District Magistrate's office, Women and Child Development office of the district, or the SHe-Box portal

Tip: If your employer has not constituted an ICC despite having 10+ employees, this is itself a violation of the POSH Act punishable with a fine of up to ₹50,000 (Section 26). Report this violation to the District Officer or file on the SHe-Box portal.

Step 2: Prepare and submit the written complaint

Draft a clear, chronological, factual written complaint addressed to the Presiding Officer of the ICC. Include:

• Your name, designation, and department
• The respondent's name, designation, and department
• Date(s), time(s), and place(s) of each incident
• A factual description of the conduct (be specific — what was said, what was done)
• Names of witnesses
• Any documentary evidence
• Impact on your work and wellbeing
• The relief you are seeking (transfer, warning to respondent, compensation, etc.)

Where: Submit to the ICC Presiding Officer — in person, via email, or through the internal complaint mechanism Fee: Free — there is no charge for filing

Tip: If you are unable to make the complaint in writing, the Presiding Officer of the ICC must render reasonable assistance to help you put it in writing (Section 9(2)). You can dictate the complaint and have it written by the ICC. In case of physical or mental incapacity, a relative, friend, co-worker, psychologist, or Protection Officer can file on your behalf (Section 9(2) proviso).

Step 3: File on the SHe-Box portal (optional but recommended)

In addition to filing with the ICC, register your complaint on the SHe-Box portal:

1. Visit shebox.wcd.gov.in
2. Click "Register Complaint"
3. Select whether you work in the Government or Private sector
4. Enter your personal details, workplace details, and complaint details
5. Upload supporting documents
6. Submit — you will receive a unique complaint ID

Where: shebox.wcd.gov.in Fee: Free

The SHe-Box portal forwards the complaint to the appropriate authority (ICC/LCC/employer) and allows you to track the status online. It creates a digital record that cannot be tampered with.

Tip: Filing on SHe-Box is not a substitute for filing with the ICC — it is an additional mechanism that ensures accountability. The portal is monitored by the Ministry of Women and Child Development, which adds pressure for timely resolution.

Step 4: ICC acknowledges the complaint and provides options

Within 7 working days of receiving the complaint, the ICC will:

1. Acknowledge receipt of the complaint
2. Send a copy to the respondent (without revealing your identity to third parties)
3. Explain your options under Section 10:
   • Conciliation — You can request the ICC to settle the matter through conciliation before a formal inquiry. Conciliation can include an apology, transfer, or other mutually agreed terms. Note: no monetary settlement is permitted during conciliation.
   • Formal inquiry — If conciliation fails or is not desired, the ICC proceeds with a formal inquiry.

Tip: Consider conciliation only if you are comfortable with it and the harassment was not severe. For serious cases (physical contact, quid pro quo, repeated harassment), a formal inquiry is more appropriate. Conciliation can be attempted before the formal inquiry, but if it fails, the complaint proceeds to inquiry.

Step 5: Formal inquiry by the ICC

If conciliation is not sought or fails, the ICC conducts a formal inquiry following the principles of natural justice:

Inquiry process:

1. Both the complainant and respondent are given an opportunity to present their case
2. Witnesses are examined
3. Documentary evidence is reviewed
4. Cross-examination is permitted (but the complainant and respondent should not be made to directly confront each other)
5. The ICC maintains records of all proceedings

Interim relief (Section 12): During the inquiry, the ICC can recommend to the employer:

• Transfer of the complainant or respondent to another workplace
• Grant of leave to the complainant (up to 3 months, in addition to regular leave)
• Restraining the respondent from reporting on or appraising the complainant's work

Timeline: The inquiry must be completed within 90 days from the date of filing (Section 9(4))

Tip: You have the right to be accompanied by a "friend" or support person during the inquiry (this is not explicitly in the Act but is a best practice adopted by many ICCs). The ICC inquiry is not a criminal trial — the standard of proof is "preponderance of probability," not "beyond reasonable doubt." This means the ICC needs to find it more likely than not that the harassment occurred.

Step 6: ICC submits inquiry report and recommendations

After completing the inquiry, the ICC submits its report to the employer (and the District Officer in case of LCC) within 10 days of completing the inquiry:

If the allegation is proved, the ICC recommends:

• Disciplinary action against the respondent (written apology, warning, censure, withholding promotion or increment, transfer, suspension, or termination — in accordance with the company's service rules)
• Compensation to the complainant (Section 13) — calculated based on mental trauma, loss of career opportunity, medical expenses, and the financial status of the respondent
• Deduction of compensation from the respondent's salary or wages

If the allegation is not proved: No action against the respondent. However, the Act explicitly states (Section 14) that mere inability to substantiate the complaint or failure to provide adequate proof does NOT amount to a false complaint. Action for false complaint can only be taken if the ICC concludes that the complaint was made with malicious intent or was false, and a mere finding of "not proved" does not trigger this.

Step 7: Employer acts on the ICC's recommendations

The employer must act on the ICC's recommendations within 60 days of receiving the report (Section 13):

• Implement the recommended action against the respondent
• Pay the recommended compensation to the complainant
• If the employer disagrees with the ICC's recommendations, they must record reasons in writing

Tip: If the employer fails to act on the ICC's recommendations, the complainant can approach the Labour Court or the Local Complaints Committee. Non-implementation of the ICC's recommendations is a violation of the POSH Act.

Step 8: Appeal (if either party is aggrieved)

Either the complainant or the respondent can appeal the ICC's decision to the Appellate Authority (the court or tribunal competent to hear appeals against decisions under the service rules applicable to the respondent). The appeal must be filed within 90 days of the recommendations (Section 18).

Where: For private sector — Labour Court / Industrial Tribunal; for government employees — the designated Appellate Authority under service rules Fee: As per applicable court rules (typically nominal)

Tip: If you are not satisfied with the ICC's finding, you can also file a criminal complaint under Section 354A (sexual harassment) or Section 509 (word, gesture or act intended to insult the modesty of a woman) of the Indian Penal Code / BNS at the nearest police station. The POSH Act process does not prevent you from pursuing criminal remedies simultaneously.

Fees and costs

How long does it take

Can you do this online?

Yes, the SHe-Box portal provides an online complaint mechanism:

Note: Filing on SHe-Box supplements but does not replace the ICC complaint. For the 90-day inquiry timeline to begin, the complaint must reach the ICC. SHe-Box forwards the complaint to the ICC/employer, but direct submission to the ICC is the most reliable method.

What if things go wrong

Problem: Your employer does not have an ICC despite having 10+ employees

Solution: This is a violation of Section 4 of the POSH Act, punishable with a fine of up to ₹50,000. For your complaint, file with the Local Complaints Committee (LCC) of the district. Simultaneously, report the employer's non-compliance to the District Officer and the SHe-Box portal. Repeated violation can lead to cancellation of the business licence.

Problem: You face retaliation after filing the complaint

Solution: The POSH Act does not have an explicit anti-retaliation provision, but retaliation can be challenged through multiple remedies: (1) File a complaint with the ICC about the retaliatory conduct as an additional ground of harassment, (2) File a labour complaint under the Industrial Disputes Act if service conditions are changed during the pendency of the inquiry, (3) Approach the Labour Court, (4) Write to the District Officer with evidence of retaliation.

Problem: ICC members include the harasser's friends or allies

Solution: If you have reasonable grounds to believe the ICC is biased, request recusal of the concerned member(s) citing conflict of interest. If the ICC refuses, file a complaint with the LCC instead or approach the District Officer/court. The ICC Presiding Officer must be a senior woman employee — if this requirement is not met, the ICC constitution is itself invalid.

Problem: The respondent is the employer/CEO and the ICC reports to them

Solution: File with the Local Complaints Committee (LCC), not the ICC, when the respondent is the employer. The LCC is an external body constituted by the District Officer and is independent of the employer. You can also file on SHe-Box, which forwards the complaint to the appropriate authority.

Problem: The incident happened online (remote work / virtual meetings)

Solution: Online sexual harassment is covered under the POSH Act. "Workplace" under the Act includes any place visited arising out of or during employment, and courts have interpreted this to include virtual workplaces. File the complaint with the ICC with screenshots of messages, video call recordings, email evidence, etc. Ensure electronic evidence complies with Section 65B of the Indian Evidence Act / Section 63 of the BSA.

Frequently asked questions

Can a man file a complaint under the POSH Act?

No. The POSH Act, 2013, specifically protects women. The "aggrieved person" must be a woman. However, men facing workplace sexual harassment can seek remedies under the Indian Penal Code/BNS (criminal complaint), company disciplinary policy, or the Industrial Disputes Act (if they are "workmen"). Many progressive employers have gender-neutral anti-harassment policies that allow complaints from any gender.

Can I file a POSH complaint after I have resigned or been terminated?

Yes. You can file a complaint even after leaving the organisation, provided you file within 3 months of the last incident (or 6 months, with the ICC's permission). The ICC has jurisdiction over complaints relating to the time you were employed, even if you have since left.

What happens if the ICC finds the complaint to be false?

Section 14 allows the ICC to recommend action against a false complaint. However, the ICC must be satisfied that the complaint was made with malicious intent — not merely that it was unsubstantiated. A mere failure to prove the allegations is NOT treated as a false complaint. The Act explicitly protects honest complainants whose claims cannot be proved due to lack of evidence.

Is the POSH inquiry confidential?

Yes. Section 16 mandates that the identity of the complainant, respondent, and witnesses, as well as the contents and findings of the inquiry, must not be published or made known to the public or media. Violation of confidentiality is punishable with a fine as per the Act and company service rules.

Can I file a POSH complaint and an FIR simultaneously?

Yes. The POSH Act process (civil/workplace remedy) and the criminal process (FIR under IPC/BNS Section 354A for sexual harassment) are independent proceedings. You can pursue both simultaneously. The outcomes of one do not automatically affect the other. Filing an FIR may be particularly appropriate for cases involving physical contact, stalking, or criminal intimidation.

Does the POSH Act apply to the informal sector and domestic workers?

Yes. The POSH Act applies to all workplaces, including the unorganised sector and domestic workers. For workplaces with fewer than 10 employees (where an ICC is not required), the complaint is filed with the Local Complaints Committee of the district. Domestic workers can file with the LCC of the district where the household is located.