What Happens After You File a POSH Complaint?

Filing a complaint against your employer may feel daunting, and many are reluctant to do so due to a lack of clarity about what to expect. The more you know, the easier it will become to make this decision and move forward.

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, commonly known as POSH Act India, has a systematic approach to handling complaints.

Acknowledgement of the Complaint

The complaint is first received by the Internal Committee (IC) or Local Committee (LC) and acknowledged. Then they determine if this complaint is covered by the women's harassment law in India.

Ideally, the complaint should be submitted within 3 months of the date of the incident, but there are special circumstances that can allow for delays.

Possibility of Conciliation

The committee can propose a conciliation agreement before the formal inquiry if the complainant requests it.

●       This is not a mandatory step

●       No monetary arrangements are permitted

●       The purpose is to ensure the issues are resolved without fighting

If it is successful, this will terminate the processes stipulated by the agreement.

Formal Inquiry Begins

In the case that conciliation is unsuccessful or selected, the next stage is formal inquiry.

At this stage, each side will get the opportunity to be heard; documents and evidence will be considered; and people may be called to testify.

Inquiries are done as much as needed while remaining confidential, and are in compliance with the framework of the women's harassment law.

Interim Relief (If Needed)

The complainant may request certain interim measures to be taken for their safety and comfort during the inquiry, such as:

●       Temporarily moving them to a different department

●       Taking a leave of absence for a specified time or

●       Making temporary changes to the reporting hierarchy.

These measures are, of course, discretionary and may be chosen or set aside without request.

Completion of Inquiry

The committee will finish their inquiry in as close to 90 days as circumstances allow.

They will then review all evidence and submit a report with their findings and suggestions.

The committee's findings will determine the employer's course of apologies or corrective action ( If the complaint is substantiated, the employer must respond. This can include:

●       A written apology

●       A warning or reprimand

●       Suspension or termination

●       Salary deductions (as compensation)

If a reprimand or sanction is not sustained, then the case is closed, and the action will be in response to the malice that instigated the false complaint

The employer must comply with the committee’s recommendations within 60 days in order to provide the outcomes with the enforcement of the documented recommendations.

Right to Appeal

According to the POSH Act in India and the relevant service rules, either side can appeal if they are not satisfied with the decision.

Maintaining the confidentiality of the parties involved is of paramount importance to the women's harassment law in India.

The law protects the identity of the parties involved in the case and the details of the case so as to maintain the dignity and privacy of all.

Final Thoughts

The law on harassment of women is not to be taken lightly, and neither is the system that follows it. It is designed to be fair, just, and to complete the process in the shortest time possible.

Once the complaint has been filed, what happens next should be known, as this should reduce the fear and uncertainty that is understandably present. The law on women’s harassment in the workplace is to provide safety and accountability in the workplace. It also seeks to ensure that the welfare of the employees is taken care of by the employers.