A workplace sexual harassment complaint goes to your organisation's Internal Committee, which must notify the respondent within 7 working days and complete its inquiry within 90 days. These aren't loose guidelines, they're statutory timelines under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
Where do you actually file the complaint?
With your organisation's Internal Committee (IC), mandatory for any workplace with 10 or more employees. If your workplace doesn't have a properly constituted IC, or you work somewhere too small to require one, you can approach the district's Local Committee instead.
What is the statutory timeline for the inquiry?
The Internal Committee must notify the respondent within 7 working days of receiving your complaint, complete the inquiry within 90 days, and submit its report to the employer within 10 days of concluding it. The employer then has 60 days from receiving that report to implement the Committee's recommendations.
Can the 90-day period be extended?
Yes, the Internal Committee can extend it by up to three additional months where there's sufficient reason, genuinely complex matters that need more time. This isn't an automatic or routine extension; it requires a justified basis.
What happens once the Committee makes its recommendations?
The employer must implement them within 60 days, this can include action against the respondent, and any interim measures or remedies recommended for the complainant. If an employer fails to act within this window, that failure is itself a compliance breach worth raising, including with an advocate if necessary. The same is true of an employer failing to honour other statutory workplace obligations, like retrenchment or notice-pay rules; see our guide on remedies for illegal termination and unpaid notice pay.
Am I protected from retaliation for filing?
Yes, the Act is specifically built around protecting complainants who file in good faith from victimisation. If you experience retaliation after filing, document it carefully and raise it, both with the Internal Committee and, if the organisation doesn't properly address it, through independent legal advice.
Disclaimer: This article is for general information only and is not legal advice. Consult a qualified advocate for your specific situation.
Frequently asked questions
Where do I file a workplace sexual harassment complaint?
With your organisation's Internal Committee (IC), required under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (the POSH Act) for any workplace with 10 or more employees. If your organisation doesn't have a functioning IC, you can approach the Local Committee constituted by the district instead.
How long does the Internal Committee have to complete its inquiry?
90 days from the date the complaint is received. The IC must notify the respondent within 7 working days of receiving the complaint, and must submit its report to the employer within 10 days of concluding the inquiry.
Can the 90-day inquiry period be extended?
Yes, the Internal Committee can extend the period by up to another three months for sufficient reason, giving flexibility for genuinely complex matters beyond the standard 90-day window.
What happens after the Internal Committee submits its report?
The employer is required to implement the Committee's recommendations within 60 days of receiving the report. This includes any action against the respondent the IC has recommended, and any interim measures or remedies for the complainant.
Can I be retaliated against for filing a POSH complaint?
No, and retaliation is itself a serious issue you can raise. The Act is built around protecting complainants from victimisation for filing in good faith; if you experience retaliation after filing, document it and raise it separately, including with the Internal Committee or through legal advice if the organisation doesn't address it.