Your rights
What are my rights under the POSH Act?
Short answer
Every employer must have an Internal Complaints Committee (ICC). You can file a written complaint within 3 months. ICC must complete inquiry within 90 days. Employer cannot retaliate.
Understanding the issue
The Prevention of Sexual Harassment (POSH) Act 2013 provides comprehensive protection against sexual harassment at the workplace. Every employer with 10 or more employees must constitute an Internal Complaints Committee (ICC). You can file a written complaint within 3 months of the incident (extendable by 3 months). The ICC must complete its inquiry within 90 days. During the inquiry, you can request transfer, leave, or other interim relief. The employer cannot retaliate against you for filing a complaint. Sexual harassment includes unwelcome physical contact, demand for sexual favours, sexually coloured remarks, showing pornography, and any unwelcome sexual behaviour. If your employer has no ICC, file complaint with the Local Complaints Committee (LCC) at the district level.
Laws that apply
- POSH Act — Section 4 (Internal Complaints Committee)
- POSH Act — Section 9 (Complaint of sexual harassment)
- POSH Act — Section 11 (Inquiry into complaint)