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
- 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.
- Filing window. A complaint must reach the ICC within three months of the incident — extendable by a further three months for recorded reasons.
- Who needs an ICC. Employers with ten or more employees must constitute an Internal Complaints Committee at every office and branch.
- 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.
- Inquiry timeline. Ninety days to inquire, ten days to report, sixty days for the employer to act on the recommendation.
- 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 than reacting emotionally. Do not alter or delete relevant evidence, and avoid influencing witnesses. Keep sensitive information secure and share it only when appropriate. Above all, remember: preserve the record first, because clear evidence is stronger than memory.
FAQ
Do I need a lawyer to file a POSH complaint?
Not to file it the complaint can be lodged directly with the ICC or LCC. But the process has firm deadlines and evidentiary requirements at every stage, and legal advice materially improves how a complaint or a defence is prepared and presented at inquiry.
What is the time limit for filing a complaint?
Three months from the incident, or the last incident in a continuing series, extendable by a further three months if the Committee records sufficient reason for the delay.
My workplace has fewer than ten employees which committee do I approach?
The Local Complaints Committee, constituted at the district level. The same three-month filing window and inquiry protections apply.
What compensation can I receive if my complaint is upheld?
Compensation is fixed under Section 15 with reference to trauma, career impact, and medical costs, and can be recovered from the respondent’s salary. This is separate from any parallel criminal or civil claim.
Will I face action if my complaint isn't upheld?
No. Section 14 only permits action against a complaint proven to be false or malicious not one that is simply unsubstantiated for lack of evidence.
