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POSH Complaint Format for Sexual Harassment at the Workplace

Sections 2, 3, 6, 9 to 16 and 18, Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013; Rules 7 and 8 of the Rules, 2013

Free sample · Word, print and copy · Updated

Sample format, not legal advice. This is a sample format for general information. It is not legal advice and does not create a lawyer–client relationship. Facts, court practice, court fees and stamp duty differ by state and by case. Check the current law and your local court rules, or speak to an advocate, before you file, send or sign it.

A POSH complaint is a written complaint of sexual harassment at the workplace made under Section 9 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. It is filed by the aggrieved woman — an employee, intern, trainee, contract worker, or even a visitor or client — with the employer's Internal Committee. Where the employer has fewer than ten workers and so no Internal Committee, or where the complaint is against the employer, it goes to the district Local Committee.

The Committee inquires into the complaint like a civil fact-finding body and recommends action to the employer. This is a workplace remedy and is separate from a criminal complaint to the police for sexual harassment under Section 75 of the Bharatiya Nyaya Sanhita, 2023 [Section 354A IPC] or for other offences. A woman may pursue both. Many workplaces still call it the 'Internal Complaints Committee' (ICC); the Act's term is Internal Committee.

Filed before
Internal Committee of the employer; Local Committee of the district where there is no Internal Committee or the complaint is against the employer
Filed by
The aggrieved woman; her relative, friend, co-worker or others in the situations allowed by Rule 6 if she cannot file
Time limit
Within 3 months of the incident, or of the last incident in a series; extendable by 3 more months for reasons recorded
Copies
Six copies with supporting documents and names and addresses of witnesses (Rule 7)
Inquiry period
To be completed within 90 days (S.11(4))
Fee
None

When to use this format

  • A colleague, supervisor, client or visitor has made unwelcome physical contact, sexual advances, demands for sexual favours, sexually coloured remarks, or shown pornography.
  • You have been promised preferential treatment, or threatened with detrimental treatment, in connection with such conduct.
  • The conduct took place at the office or anywhere you visited in the course of work, including employer-provided transport, off-site events, official travel or online meetings.
  • You want interim protection such as a transfer or leave while the complaint is being inquired into.
  • If you also want to set the criminal law in motion, file a police complaint in addition to this complaint.

Complaint to the Internal / Local Committee under Section 9 POSH Act

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Replace everything in [square brackets] with your own details. Delete lines that do not apply.

STRICTLY CONFIDENTIAL

Date: [DATE]

To,
The Presiding Officer
[INTERNAL COMMITTEE] / [LOCAL COMMITTEE, DISTRICT [NAME]]
[NAME OF EMPLOYER / ORGANISATION, OR DISTRICT OFFICER'S OFFICE]
[ADDRESS]

Subject: Written complaint of sexual harassment at the workplace under Section 9 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, read with Rule 7 of the Rules of 2013

Madam / Sir,

1. COMPLAINANT
I, [FULL NAME], aged [AGE] years, am working as [DESIGNATION] in the [DEPARTMENT] of [NAME OF ORGANISATION] at [OFFICE LOCATION] since [DATE OF JOINING] [OR: I am a [CONSULTANT / INTERN / TRAINEE / CONTRACT WORKER / VISITOR / CLIENT] who was at the workplace in connection with [PURPOSE]]. Employee ID: [ID, IF ANY]. Contact: [MOBILE NUMBER], [PERSONAL EMAIL].

2. RESPONDENT
The respondent is [NAME], working as [DESIGNATION] in the [DEPARTMENT] [OR: DESCRIBE IF NOT AN EMPLOYEE, e.g. a client representative / vendor]. The respondent is my [REPORTING MANAGER / COLLEAGUE / SENIOR / CLIENT CONTACT / OTHER RELATIONSHIP].

3. INCIDENTS OF SEXUAL HARASSMENT
The respondent has subjected me to sexual harassment within the meaning of Section 2(n) and Section 3 of the Act, as follows:

(a) On [DATE] at about [TIME], at [PLACE — office, cabin, cab provided by the employer, off-site meeting, hotel during official travel, video call, chat or email], the respondent [DESCRIBE EXACTLY WHAT WAS SAID OR DONE]. [NAME(S)] were present [OR: No one else was present]. I responded by [WHAT YOU DID OR SAID].

(b) On [DATE], [DESCRIBE THE NEXT INCIDENT IN THE SAME WAY].

(c) [CONTINUE FOR EACH INCIDENT IN DATE ORDER. Mention any implied or express promise of preferential treatment, threat of detrimental treatment, interference with work, or creation of an intimidating or hostile environment, if applicable.]

4. LAST INCIDENT
The last incident took place on [DATE]. This complaint is made within three months of that date. [OR: This complaint is made after three months because [REASON — e.g. fear of retaliation, illness, the respondent's position over me]. I request the Committee to extend the time limit under the proviso to Section 9(1) for the reasons stated.]

5. EFFECT ON ME
The respondent's conduct has caused me [FEAR / ANXIETY / DISTRESS / MEDICAL TREATMENT / LOSS OF LEAVE OR SALARY / IMPACT ON APPRAISAL OR CAREER], as follows: [DETAILS].

6. EARLIER REPORTING
[I informed [NAME AND DESIGNATION OF SUPERVISOR / HR] orally / by email on [DATE]; the response was [DETAILS].] [OR: I have not reported this earlier because [REASON].]

7. WITNESSES
The following persons have seen the incidents or have direct knowledge of them:
(i) [NAME], [DESIGNATION], [CONTACT DETAILS];
(ii) [NAME], [DESIGNATION], [CONTACT DETAILS].

8. DOCUMENTS
I enclose copies of the following, and will produce the originals or devices when required: [EMAILS / CHAT SCREENSHOTS / CALL RECORDS / CCTV REFERENCE / DIARY NOTES MADE AT THE TIME / MEDICAL RECORDS / LEAVE RECORDS].

9. CONCILIATION
[I do not wish to settle this matter through conciliation and request an inquiry.] [OR: I request conciliation under Section 10 of the Act on the following terms, which do not involve any monetary settlement: [TERMS].]

RELIEF SOUGHT

I request the Committee to:

(a) inquire into this complaint under Section 11 of the Act and complete the inquiry within the time fixed by law;

(b) during the inquiry, recommend interim relief under Section 12, namely [TRANSFER OF [ME / THE RESPONDENT] TO ANOTHER WORKPLACE OR TEAM / LEAVE TO ME OF UP TO THREE MONTHS / RESTRAINING THE RESPONDENT FROM REPORTING ON MY WORK OR WRITING MY APPRAISAL / RESTRAINING THE RESPONDENT FROM CONTACTING ME];

(c) on finding the allegations proved, recommend action against the respondent under Section 13, and payment of compensation to me under Section 15;

(d) keep my identity, the respondent's identity, the witnesses and the proceedings confidential as required by Section 16; and

(e) ensure that I am not victimised or subjected to any adverse action for making this complaint.

I am submitting six copies of this complaint with the supporting documents, as required by Rule 7(1).

[SIGNATURE]
[NAME OF COMPLAINANT]
[DESIGNATION AND EMPLOYEE ID]
Mobile: [MOBILE NUMBER]
Email: [PERSONAL EMAIL]

Enclosures: [LIST OF DOCUMENTS]

How to fill it in

  1. Send it to the right CommitteeAddress it to the Presiding Officer of your employer's Internal Committee; the names are usually displayed at the workplace or on the intranet. If there is no Internal Committee, or the respondent is the employer, send it to the Local Committee through the District Officer or the nodal officer for your area.
  2. Describe each incident specificallyFor each incident, state the date, time, place, exact words or acts, who was present and how you responded. Specific facts let the Committee frame its inquiry; general statements make it harder.
  3. Watch the three-month limitCount three months from the incident or, for a series, the last incident. If you are late, explain the reason in paragraph 4; the Committee can extend the time by up to three more months for reasons recorded in writing.
  4. Name witnesses and attach evidenceGive the names, designations and contact details of witnesses, and attach copies of messages, emails and notes. Keep the original phone or files safe; do not delete chats.
  5. Decide on conciliationUnder Section 10, the Committee may try conciliation before the inquiry only if you ask for it, and no monetary settlement can be the basis of conciliation. Say clearly in paragraph 9 whether you want it.
  6. Ask for interim relief if neededIf you must keep working with the respondent, ask for interim relief under Section 12 — transfer of either party, leave of up to three months, or restraining the respondent from reporting on your work.
  7. Submit and keep proofSubmit six copies with documents (Rule 7(1)) and keep a signed acknowledgement or the email record. The Committee sends a copy to the respondent within seven working days and gives the respondent ten working days to reply.

Documents to attach

  • Six copies of the signed complaint
  • Screenshots or printouts of messages, emails or social media posts
  • Notes made at or near the time of each incident
  • Names, designations and contact details of witnesses
  • Medical or counselling records, if any
  • Proof of employment or presence at the workplace (ID card, offer letter, visitor pass)
  • Copies of any earlier complaint to a supervisor or HR, and the response

After the inquiry

The Committee must complete the inquiry within 90 days and give its report to the employer (or the District Officer) within 10 days after that. The employer must act on the recommendations within 60 days. If the allegation is proved, the Committee may recommend action under the service rules and compensation for the complainant under Section 15. Either party may appeal against the recommendations within 90 days under Section 18. A complaint is not punishable merely because it could not be proved; action under Section 14 is possible only for a malicious or knowingly false complaint.

Common mistakes

  • Filing after three months without explaining the delay.
  • Describing the harassment in general terms without dates, places and words used.
  • Deleting chats or messages, or forwarding them in a way that loses the original data.
  • Sending the complaint only to HR or a manager instead of the Internal Committee.
  • Discussing the complaint widely at work, which can breach the confidentiality required by Section 16.
  • Agreeing to a monetary 'settlement' as part of conciliation, which Section 10 does not allow.

Frequently asked questions

What is the time limit for filing a POSH complaint?
Three months from the date of the incident, or from the last incident in a series. The Committee can extend this by a further three months if it is satisfied that circumstances prevented you from filing in time, recording its reasons in writing.
Can a complaint be made against a client or a visitor?
Yes. The Act protects a woman at the workplace from sexual harassment by any person, not only co-employees. The employer must assist in taking action against an outsider, including under the criminal law.
What if my employer has no Internal Committee?
Every employer with ten or more workers must constitute one; failure is punishable with a fine under Section 26. Where there is none, or the employer has fewer than ten workers, complain to the Local Committee constituted by the District Officer. The Supreme Court in Aureliano Fernandes v. State of Goa (2023) directed governments and employers to ensure that committees are properly constituted.
Is a POSH complaint the same as a police complaint?
No. A POSH complaint leads to a workplace inquiry and service action. Sexual harassment is also an offence under Section 75 BNS [Section 354A IPC], and you can file a police complaint at the same time. The Committee can also forward the complaint to the police if you ask.
Will my identity be kept confidential?
Yes. Section 16 prohibits publishing or disclosing the identity and addresses of the complainant, respondent and witnesses, and the contents of the complaint and inquiry. Breach is punishable under the employer's service rules.
Can I file the complaint online?
Many employers accept complaints by email to the Internal Committee. Women can also register a complaint on the Government's SHe-Box portal, which forwards it to the employer's Internal Committee or the Local Committee.

Reminder: This is a sample format for general information. It is not legal advice and does not create a lawyer–client relationship. Facts, court practice, court fees and stamp duty differ by state and by case. Check the current law and your local court rules, or speak to an advocate, before you file, send or sign it. Spotted an error? Tell us.