Posh Act

No. The POSH Act requires a written complaint from the aggrieved woman. But Section 16 makes confidentiality mandatory. What the law protects, who is covered, and who decides.

Sexual Harassment of Women at Workplace: Complaint, ICC Process & Remedies A working guide to filing, defending, and resolving a complaint under the POSH Act By Suresh Kumar, Aran Law Firm Tamil Nadu, India 12 min read Updated Aug 2026 Key Facts – POSH Act, 2013 one-number-round Governing law. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 makes every employer responsible for preventing and redressing harassment, with defined consequences for non-compliance. two-number-round Filing window. A complaint must reach the ICC within three months of the incident — extendable by a further three months for recorded reasons. three-number-round Who needs an ICC. Employers with ten or more employees must constitute an Internal Complaints Committee at every office and branch. four-number-round ICC composition. A senior woman presiding officer, at least two employee members, and one external member from a women’s-rights NGO a built-in check against internal bias. five-number-round Inquiry timeline. Ninety days to inquire, ten days to report, sixty days for the employer to act on the recommendation. six-number-round Confidentiality. Section 16 bars disclosure of identities; Section 14 permits action only where a complaint is proven false or malicious. When an employee faces unwelcome sexual conduct at work, the POSH Act, 2013 gives her a structured, time-bound complaint mechanism that runs independently of  and alongside  any criminal complaint. Missing a procedural step, the wrong committee, a missed deadline, a defective inquiry, can undermine an otherwise valid case. Our employment law practice advises both complainants and employers on Internal Complaints Committee proceedings across Tamil Nadu. Which Committee Has Jurisdiction ICC or LCC? Jurisdiction turns on the size of the workplace and who the complaint is against, not on where the complainant lives. Filing before the wrong committee wastes the limitation clock. Internal Complaints Committee Mandatory at every office or branch with ten or more employees. The complaint is filed with the ICC at the branch where the incident occurred. Local Complaints Committee Constituted by the District Officer for workplaces with fewer than ten employees, domestic workers, or complaints made against the employer. Only the aggrieved woman  or someone she authorises where she is unable to act  can bring the complaint. Neither committee can act on an anonymous third-party report. The Step-by-Step Complaint Process File the written complaint The process begins with a written complaint submitted to the Internal Committee (IC) or Local Committee, as applicable, within the prescribed limitation period. The complaint should clearly set out the relevant facts, including the dates, places, persons involved, nature of the alleged conduct, and the circumstances surrounding the incident. Supporting material such as emails, messages, documents, photographs, previous HR correspondence, and details of relevant witnesses should be preserved and provided where appropriate. Conciliation, if the complainant asks for it Before beginning a formal inquiry, the IC or Local Committee may attempt to resolve the matter through conciliation, but this can happen only at the request of the aggrieved woman. The purpose of conciliation is to provide an opportunity for the parties to reach a settlement without proceeding through a full inquiry. Formal inquiry begins If the matter proceeds to a formal inquiry, the IC or Local Committee examines the complaint, the response of the respondent, relevant documents, and other available evidence. The process is expected to follow principles of fairness and natural justice, giving the concerned parties an opportunity to present their respective positions. Report and recommendation Once the inquiry is completed, the IC or Local Committee prepares its findings and provides the inquiry report to the employer or District Officer within 10 days of completion. The report is also made available to the concerned parties. If the allegations are not proved, the Committee may recommend that no action be taken. Employer acts The employer is required to act upon the Committee’s recommendations within 60 days of receiving them. Depending on the findings and recommendation, this may involve disciplinary measures, compensation, or other appropriate action permitted under the applicable rules and the Act. Interim relief doesn’t wait for the inquiry to finish.  Under Section 12, the ICC can recommend the complainant’s transfer, up to three months’ leave, or the respondent’s transfer  before any finding is made. These are administrative measures, not punishment, so an inquiry that later doesn’t substantiate the complaint doesn’t require them to be undone. What Orders Can the ICC or Employer Pass? Disciplinary action : As per applicable service rules warning, reprimand, salary deduction, or termination. Compensation (S15) : Set with reference to mental trauma, career impact, medical costs, and the respondent’s income and status. Wage deduction:The employer may recover ordered compensation from the respondent’s salary where no other recovery route exists. False complaint (S14): Action against a complainant or witness only where malicious intent is proven not for a genuine complaint that simply fails on evidence. Not substantiated :The case is closed with no adverse finding against either party. Vishaka v. State of Rajasthan, (1997) 6 SCC 241  the Supreme Court laid down binding guidelines on workplace sexual harassment in the absence of legislation, becoming the direct precursor to the POSH Act, 2013. Medha Kotwal Lele v. Union of India, (2013) 1 SCC 297  the Supreme Court directed strict compliance with the Vishaka guidelines across states and institutions pending statutory codification. Before You File or Respond to a Complaint Before you file a complaint or respond to one the first step is to preserve the facts. Save relevant emails, messages, documents, photographs, and meeting notes, and record important dates, conversations, and witness names while the details are still fresh. A complaint that relies only on memory can become harder to establish as time passes, since people may forget details or remember events differently. Create a simple timeline, distinguish facts from assumptions, and keep original records wherever possible. If you are filing a complaint, clearly explain what happened, when it happened, who was involved, and what evidence supports your account.   If you are responding, review each allegation carefully and address it with specific facts and supporting records rather … Read more

Send Us Your Enquiry Start protecting your invention with expert patent filing guidance. Trusted Since 2009 · Chennai, Tamil Nadu POSH Act Compliance & Internal Committee Support for Chennai Businesses Internal Committee Constitution · POSH Policy Drafting · Complaint Inquiry Defence · External Member Services · Writ Petitions before the Madras High Court. 18+ years of practice advising employers and representing parties in POSH matters before Internal Committees, Local Committees, and the Madras High Court across Tamil Nadu. Connect With Us See How it Works 18+ yrs Litigation experience 90 days Statutory inquiry timeline ₹50,000 10 Employees IC becomes Mandatory ₹50,000 First-default penalty, S.26 POSH Act Compliance and Litigation Counsel in Chennai The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 governs every employer with ten or more employees in Chennai  from OMR technology companies to Ambattur manufacturers. Complaints under the Act have surged in recent years, alongside wrongful termination claims and contract labour disputes, making proactive advisory and experienced litigation counsel equally essential.   We advise employers on constituting a compliant Internal Committee before a complaint ever arises, and we represent parties  employers, IC members, complainants and respondents  once an inquiry is underway or an IC finding is challenged before the Madras High Court by way of writ petition. Core POSH Act Services in Chennai Our practice covers the full employer-side and complainant-side lifecycle, and every forum a POSH matter can reach. Internal Committee Constitution Drafting the IC composition order and fulfilling the Section 4 requirements a woman Presiding Officer, internal members, and one external member from an NGO or legal field. Learn more POSH Policy & Workplace Handbook Clauses Anti-harassment policy drafting that satisfies Section 19 employer duties and integrates into your existing employment contracts and Standing Orders. Learn more External Member Services We serve as the mandatory external member on retained clients’ Internal Committees, and provide periodic training for IC members on conducting a fair inquiry. Learn more Complaint Inquiry Representation Representing employers, complainants, or respondents through a Section 11 inquiry evidence, timelines, and adherence to natural justice. Learn more Writ Challenges to IC Findings Filing and defending writ petitions before the Madras High Court where an Internal Committee’s report or process is challenged. Learn more Annual Return & Compliance Audit Preparing the Section 21 annual report and auditing an existing IC’s composition and process for lapses before they become liabilities. Learn more Our Engagement Process one-number-round Confidential Consultation Discuss your matter directly with a senior lawyer no junior intake. two-number-round Issue Assessment Identify the applicable provisions, forum, and realistic timeline. three-number-round Fixed-Fee Proposal A transparent fee agreement before any work begins. four-number-round Resolution Advisory, inquiry representation, or writ litigation tailored to your goal. Forums We Appear Before in POSH Matters Madras High Court Writ petitions challenging IC findings & process Internal Committee Employer-constituted, Section 4 Local Committee District Officer-constituted, unorganised sector Labour Court Related termination & disciplinary disputes The Cost of Getting This Wrong Non-compliance is not a paperwork issue. It carries direct financial consequences and, on repeat default, licensing risk  and increasingly surfaces during regulatory audits and corporate diligence. Section 26 penalties: A first default no Internal Committee, no policy, or failure to act on a complaint  draws a fine of up to ₹50,000. Repeat default can lead to a higher penalty and cancellation or non-renewal of the business’s operating licence or registration. POSH Act Legal Framework We Navigate The POSH Act, 2013 sits alongside constitutional provisions and related labour and criminal statutes. Article 14, 19, 21 Constitutional Foundation Equality, freedom of association, and personal liberty frame the Act’s protections, as recognised in Vishaka v. State of Rajasthan, which preceded the 2013 statute. Section 4 Constitution of the Internal Committee A woman Presiding Officer, at least two employee members committed to the cause of women, and one external member from an NGO or legal background. Section 9–11 Complaint & Inquiry Procedure Written complaint within three months (extendable), a conciliation option, and a time-bound inquiry conducted per principles of natural justice. Section 19 Duties of the Employer Provide a safe working environment, display the IC’s composition, organise awareness programmes, and assist the complainant with a police complaint if she chooses to file one. Section 21 Annual Report The IC submits an annual report to the employer, who forwards it to the District Officer, detailing complaints received and resolved. Section 26 Penalties Fines up to ₹50,000 for non-constitution of an IC or non-compliance, with escalated consequences on repeat default. Related law BNS, 2023 (formerly IPC) & Industrial Disputes Act, 1947 Criminal provisions on sexual harassment can run alongside a POSH inquiry, and IC findings frequently intersect with termination and disciplinary proceedings before the Labour Court. POSH & Workplace Harassment Resources Practical guides authored by our advocates for employers, HR teams, and employees navigating workplace issues in Chennai. Employer's Guide to Ensuring Compliance with Sexual Harassment Enquiry in the Workplace Anti-harassment policies, complaint handling procedures, internal response steps, and legal safeguards for employers. Employee Handbook & Workplace Policies for Chennai Companies How to structure conduct rules, leave policy, disciplinary procedures and POSH clauses into one coherent handbook. Employee Termination in Chennai: Legal Process, Notices, and Severance How POSH findings intersect with termination procedures, severance documentation, and wrongful termination risk. Frequently Asked Questions How does POSH compliance work for companies in Chennai? Every employer with ten or more employees must constitute an Internal Committee under the POSH Act, 2013. The IC must include a woman Presiding Officer, at least two internal members, and one external member from an NGO or legal field. The employer must display the IC composition prominently and conduct awareness programmes periodically. Non-compliance exposes employers to penalties and writ challenges. Can an IC’s finding be challenged in court? Yes. An aggrieved party  complainant or respondent  can challenge an Internal Committee’s report or process before the Madras High Court by way of a writ petition, typically on grounds of procedural unfairness or violation of natural justice. Who can serve as the external … Read more