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The complaint process, step by step
A complaint must generally be filed in writing within three months of the incident (extendable by another three months at the ICC's discretion, for valid reasons). Once received, the ICC has the option to attempt conciliation if the complainant requests it — though monetary settlement cannot be the basis of this conciliation. If conciliation isn't pursued or fails, the ICC proceeds to a formal inquiry, during which both parties are given the opportunity to be heard, and the complainant is not required to be in the room with the respondent during proceedings.
Inquiry timelines and consequences
The Act mandates that the ICC complete its inquiry within 90 days of the complaint being filed. Following the inquiry, the ICC submits its findings and recommended action to the employer within 10 days, and the employer must act on those recommendations within 60 days. Confidentiality is a legal requirement throughout — details of the complaint, the identity of parties, and inquiry proceedings cannot be disclosed to the public, and violating confidentiality carries its own penalty under the Act.
Frequently asked questions
What is the procedure for handling a POSH complaint?
When a complaint is received, the ICC must acknowledge it within a reasonable time. A conciliation may be attempted if the complainant requests it. If conciliation is not sought or fails, the ICC conducts a formal inquiry. The inquiry must be completed within 60 days. The ICC then submits a report to the employer within 10 days of inquiry completion. The employer must act on the report within 60 days.
How long does a POSH inquiry take?
The POSH Act requires the ICC to complete its inquiry within 60 days of receiving the complaint. Extensions beyond 60 days require documented justification. Employers must ensure the ICC has adequate support and resources to complete inquiries within this timeline.
What are the possible outcomes of a POSH inquiry?
If the complaint is found to be substantiated, the ICC recommends action against the respondent which can include written apology, warning, withholding of promotion or increment, termination, or deduction of compensation from salary. If the complaint is found to be malicious or false, action can be recommended against the complainant.
Can a POSH complaint be filed after leaving the company?
Yes. A POSH complaint can be filed within three months of the last incident of harassment. If the complainant has left the company, they can file a complaint with the Local Complaints Committee (LCC) set up by the district officer rather than the company ICC.
What is interim relief under the POSH Act?
During the pendency of a POSH inquiry, the ICC can recommend interim measures including transfer of the complainant or respondent to a different department, granting leave to the complainant, or restraining the respondent from reporting on the complainant's work performance. These measures are designed to prevent further harm during the inquiry.
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