Facing Sexual Harassment at Workplace? File Your Complaint – Step-by-Step Guide

Facing Sexual Harassment

If you face a sexual harassment at work then it is not your fault, and silence is not your only option. Raise objection through clearly and firmly communicating your discomfort to the harasser, mentioning that the behavior is unwelcome and needs to stop immediately. If the harassment continues despite your objection, then gather your courage and file a formal complaint with the presiding officer of the Internal Committee (IC) or the Local Committee (LC), as the case may be.

Step I: Prioritize Your Safety

Always remember your safety comes first. If you feel physically threatened or unsafe, remove yourself from the situation immediately. Avoid being alone with the harasser. Inform a trusted colleague, supervisor, or security personnel just after the incident. In case of physical assault, threats, or stalking, dial police helpline number to reach the police and file an FIR without delay. You can proceed with both a criminal case and a POSH complaint simultaneously. It is imperative to mention to never compromise your personal safety while gathering courage to report.

Step II: Issue a clear Written Rejection

Once you feel safe, send a firm written message to the harasser that his behaviors are unwelcoming and needs to stop immediately. Also, mention the details of the incident in clear language. This rejection will demonstrate that his behaviors is nonconsensual and it causes harassment.

Step III: Documentation 

With a calm mind recall the incident precisely and write notes of exactly what happened, mention the dates, time and place of the incident. Write what was done and said by the harasser in his own words. Note the names and contact details of any witness if present at that time. Collect all the digital proofs including chats, mail, call logs, or social media interaction, if the incident is down under the CCTV surveillance, then mention the exact location of the camera. If any physical injury occurs then take the clear photographs and visit the doctor for medical reports and Medical Legal Case (MLC) if required. Keep the collected documents in a secure folder. Always remember to keep the digital records. These above-mentioned documents will act as the evidence adjudicating the complaint.

Step IV: Identify the Appropriate Committee

In any organisation having 10 or more employees then there must be an Internal Committee for dealing sexual harassment cases, if less than 10 employees then you can file a complaint with the Local Committee at District level. Identify the appropriate committee for filing the Complaint according to the structure of your organisation, if the organisation has the IC, then file the written complaint directly to the Presiding officer of the IC, else file with the LC.

Step V: How to File the Complaint

Draft a Complaint mentioning your name and position in the organisation. Details of the harasser, incident of sexual harassment along with all collected evidence. Once the complaint is ready, sign the complaint and submit it to the Presiding Officer of the Committee. The Presiding officer issues an acknowledgment receipt in response to your complaint within 7 days from receiving the complaint. It is imperative to note that the written complaint shall be filed within the 90 days period. However, condonation is allowed depending upon the circumstances.

Step VI: Request for Interim Relief (if required)

After the complaint is registered you are entitled for protection while the inquiry is going on. Interim Relief is the protection given by the IC for the particular time frame that can be for a few days or for the whole proceedings. In the interim relief you can demand for leave, work from home, restraining orders and transfer as the case you.

Step VII: Participate in inquiry

The IC will conduct its inquiry where both the parties will record the statements and provide the evidence accordingly. You have to present whenever the IC requires your presence, the IC will issue official notice in advance for your presence. All the proceedings will be conducted confidentially.

Step VIII: Receive the Inquiry Report and Employers Action

 IC inquiry shall be completed within 90 days. Once the inquiry is completed the IC prepares its report, in which they mention the details of the proceedings and accordingly make recommendations to the employer as per the findings of the case. The employer will consider the recommendations and take action according to it.

Step IX: Appeal if dissatisfied from the Employer’s action

Any party can file an appeal against the employer’s action if they are dissatisfied with the action or recommendation of the IC. The inquiry process is unbiased but in case you feel biased then you can file an appeal within a stipulated time frame of 90 days. You can file the Appeal with the appropriate court and tribunal as per your employment.

Assistance for Sexual Harassment cases

An experienced employment and labour law lawyer specializing in the POSH Act, 2013, will help you as they provide confidential, end-to-end legal support without violating the IC’s rules. A lawyer empowers you to present a strong case yourself while safeguarding your rights at each and every stage. Will assist you with pre-filing of the complaint and documentation.  Also, provided assistance in interim relief and monitoring the IC proceedings.

If you’re dissatisfied with the IC inquiry you can approach the court there, they will file an appeal on your behalf and present the case before the court as your advocate. Argue on the grounds of natural justice violations, seek stay on adverse actions, and demand re-inquiry or compensation if required. Furthermore, represent you in parallel criminal cases if assault is involved in your case.

If your organisation is non-compliance of the POSH Act, 2013, can issue legal notice demanding for the formation of the IC and strictly follow the recommendation of the IC inquiry report.

Conclusion

If you or someone you know is experiencing harassment, remember that staying silent only protects the perpetrator, not you. Filing a complaint is not just about personal justice, it is a step toward building safer workplaces for every working woman. Whether the Complaint is reported to the Internal Committee (IC), the Local Committee (LC), or through platforms like SHe-Box, the legislation is designed to support and protect complainants throughout the process.