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A formally worded ICC complaint citing the correct sections of the POSH Act — generated privately in your browser, ready to submit.
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Know Your Rights Under the POSH Act
Filing Your Complaint
You can file a written complaint with the ICC within 3 months of the incident. The ICC can extend this by another 3 months if you show sufficient cause.
Inquiry Process
The ICC must complete its inquiry within 60 days. You have the right to present evidence and witnesses. The process must be confidential.
Interim Relief
During the inquiry, you can request interim measures — such as transfer, leave, or work-from-home — to protect yourself while the case is pending.
Action on Findings
If the ICC finds the complaint proven, it must recommend action against the respondent — including termination, suspension, or withholding of promotion.
Confidentiality
Your identity, the complaint details, and the ICC proceedings are strictly confidential. Disclosure by the employer is punishable under the Act.
Employer’s Duty
Your employer is legally obligated to provide a safe working environment, display POSH information, and organise awareness programmes annually.
What Is the POSH Act and Who Does It Protect?
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 — commonly known as the POSH Act — is India's primary law protecting women from sexual harassment in the workplace. It came into force on 9 December 2013 and applies to all workplaces across India, including offices, factories, hospitals, educational institutions, sports organisations, NGOs, and even domestic work environments.
The Act protects any woman employed at a workplace — whether permanent, temporary, contractual, part-time, on probation, or working as an intern, trainee, or apprentice. It also covers women who visit a workplace in any capacity, including clients and customers. The respondent (the alleged harasser) can be of any gender.
Who Is Protected
All women at the workplace — permanent, temporary, contractual, interns, trainees, apprentices. Even domestic workers are covered under a separate provision.
Where It Applies
All organisations with 10 or more employees — private companies, government offices, schools, hospitals, NGOs, factories, and unorganised sector establishments.
Time Limit to File
Within 3 months of the incident, or the last incident if ongoing. The ICC can extend this by 3 more months on sufficient cause being shown.
If No ICC Exists
File with the Local Complaints Committee (LCC) constituted by the District Magistrate. Every district in India must have one under the Act.
What Counts as Sexual Harassment Under the POSH Act?
Section 2(n) of the POSH Act defines sexual harassment broadly. It includes any unwelcome act or behaviour — whether directly or by implication — that falls into one of the following categories:
Physical contact or advances
Unwanted touching, physical proximity, or any form of physical contact of a sexual nature.
Demand or request for sexual favours
Quid pro quo harassment — linking sexual compliance to employment benefits, promotions, or job security.
Sexually coloured remarks
Inappropriate jokes, comments, or remarks about gender, appearance, or sexuality — verbal or written.
Showing pornography or inappropriate material
Displaying, sharing, or circulating sexually explicit content in any form — physical, digital, or on-screen.
Any other unwelcome physical, verbal, or non-verbal conduct
Gestures, staring, following, unwanted messages, social media contact, or any conduct that creates a hostile work environment.
Digital harassment
WhatsApp messages, emails, social media contact, video calls, or any digital medium used for harassment — all covered under the Act.
What Is the ICC and How Does It Work?
The Internal Complaints Committee (ICC) is a mandatory grievance body that every employer with 10 or more employees must constitute under Section 4 of the POSH Act. The ICC is the primary forum for filing a sexual harassment complaint — it is not HR, and it is not your manager. It is a separate, legally constituted body with defined powers and responsibilities.
The ICC must be headed by a woman — the Presiding Officer — who must be a senior employee committed to women's causes. It must include at least two other members from among employees, and one external member from an NGO or legal background focused on women's issues.
Filing the Complaint
Submit a written complaint to the ICC within 3 months. If the complainant is unable to write, the ICC must assist. The complaint must contain the name of the respondent and a description of the incident.
Inquiry Process
The ICC must complete the inquiry within 60 days. Both parties present their case. The process is confidential. You have the right to present witnesses and evidence.
Interim Relief
During the inquiry, you can request interim measures — transfer of respondent, transfer of complainant, leave, or work-from-home — to protect your safety while proceedings continue.
Action on Findings
If proven, the ICC recommends disciplinary action — termination, suspension, withholding of promotion, or written apology. The employer must act within 60 days.
Confidentiality
Your identity and the proceedings are strictly confidential. Disclosure by anyone — including ICC members — is a punishable offence under the Act.
Employer's Duty
Employers must provide a safe workplace, display POSH information, conduct awareness training annually, and include ICC details in their annual reports.
How to File a POSH Complaint — Step by Step
Write your complaint
Your complaint must be in writing. Use this tool to generate a formally structured letter citing the correct sections of the Act. Include your name, designation, the respondent's name, the nature of harassment, dates, and the relief you seek.
Submit to the ICC Presiding Officer
Submit your written complaint to the Presiding Officer of your company's ICC. You may submit in person or by email. Keep a copy with timestamp proof. If you don't know who the Presiding Officer is, contact your HR department — they are legally required to inform you.
Request interim relief if needed
If you are uncomfortable continuing to work near the respondent, you can request interim measures at the time of filing — such as temporary transfer of the respondent, or leave for yourself. This is your right under Section 12.
Participate in the inquiry
The ICC will call both parties to present their case. You have the right to bring witnesses and submit evidence. The inquiry must be completed within 60 days and must be confidential throughout.
Receive the ICC's findings
After the inquiry, the ICC submits a report to the employer with its findings and recommendations. If the complaint is upheld, the employer must implement the recommended action within 60 days.
Appeal if needed
If you are dissatisfied with the ICC's findings, you can appeal to the appropriate court or tribunal within 90 days of receiving the report. If the employer fails to act on the ICC's recommendations, you can report this to the District Officer.
Frequently Asked Questions
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This tool is provided for informational and document drafting purposes only. The complaint letter generated is a starting point and does not constitute legal advice. For complex cases, retaliation situations, or if you are unsure about any aspect of the process, please consult a qualified lawyer or contact the National Commission for Women (NCW) at 7827170170. WorkRightsIndia.com is not responsible for any outcome arising from the submission of a complaint letter generated using this tool.