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Understanding the POSH Complaint Redressal Process: An In-Depth 7-Step Breakdown

  • Writer: Reetika Gupta
    Reetika Gupta
  • 7 days ago
  • 5 min read

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) provides a framework for addressing complaints of sexual harassment in the workplace. This article breaks down the 7-step process for redressing such complaints, providing a more detailed understanding for all stakeholders:

Step 1: Receipt of Complaint


*      The aggrieved woman must submit a written complaint to the Presiding Officer of the Internal Committee (IC).


*      While the complaint should ideally be in writing, the IC is obligated to provide assistance to the complainant if she is unable to write it down herself.


*      The complaint should include detailed information about the incident(s), including:


  • Date, time, and location of the incident(s).

  • Name and designation of the respondent (the person accused of sexual harassment).

  • Names and contact details of any witnesses.

  • A clear and detailed description of the alleged sexual harassment.


*      The complainant must sign and date the complaint.


*      Time Limit: The complaint must be filed within 3 months from the date of the incident.


*      Extension: The IC has the discretion to extend the time limit for filing the complaint by a further 3 months if it is satisfied that the circumstances prevented the complainant from filing the complaint within the initial timeframe.


*      Confidentiality: The IC must maintain strict confidentiality throughout the complaint process to protect the privacy and dignity of all parties involved.


Step 2: Assessment of the Complaint


*      The IC must carefully assess the complaint to determine whether it falls under the purview of the POSH Act. This involves examining:


  • Whether the alleged conduct constitutes sexual harassment as defined by the Act.

  • Whether the complainant and respondent have an employment relationship as defined by the Act.

  • Whether the workplace meets the definition under the Act.


*      The IC should review the complaint for completeness and clarity. If necessary, the IC may:

  • Call the complainant for a preliminary meeting to seek further information or clarification.

  • Request additional documents or evidence from the complainant.


*      Following the assessment, the IC must decide on the next course of action:

  • Proceed with a formal inquiry, or

  • Offer the option of conciliation (if requested by the complainant).


Step 3: Conciliation (Optional)


*      Conciliation is an option available only if the complainant expresses a desire for it. There should be no pressure on the complainant to opt for conciliation.


*      The IC's role in conciliation is to facilitate a voluntary and mutually agreeable settlement between the parties.


*      Important principles of conciliation:


  • It must be voluntary.

  • It must be fair and equitable.

  • It must not involve any monetary settlement.


*      The IC must ensure that the settlement is in accordance with the POSH Act and does not compromise the complainant's safety or dignity.


*      The terms of the settlement must be recorded in writing and signed by both parties.


*      If conciliation is not successful or if the complainant does not wish to pursue it, the IC must proceed with a formal inquiry.


Step 4: Inquiry Process


*      The IC conducts a fair and impartial inquiry, adhering to the principles of natural justice. This involves:


  • Providing a copy of the complaint to the respondent.

  • Receiving a written response from the respondent to the complaint.

  • Conducting meetings with the complainant and the respondent separately and together, as needed.

  • Examining all relevant evidence, including documents, emails, messages, and any other material.

  • Recording statements of the complainant, respondent, and any witnesses.

  • Allowing for cross-examination of witnesses, subject to the IC's discretion and ensuring the safety of all parties.


*      The IC must ensure that both parties have the right to:

  • Be heard.

  • Present their case.

  • Examine evidence.

  • Be accompanied by a support person of their choice.


*      Time Limit: The IC must complete the inquiry within 90 days from the date of receipt of the complaint.


*      Confidentiality: Strict confidentiality must be maintained throughout the inquiry process to protect all parties involved.


Step 5: Inquiry Report


*      At the conclusion of the inquiry, the IC prepares a detailed and comprehensive inquiry report.

*      The report must contain:

  • A summary of the complaint and the respondent's response.

  • A detailed account of the inquiry process followed by the IC.

  • An objective analysis of the evidence and facts presented.

  • Clear and specific findings on whether the allegations of sexual harassment are substantiated, partially substantiated, or not substantiated.

  • The reasons for the IC's findings, with reference to the evidence and the applicable provisions of the POSH Act.

  • Recommendations for action to be taken by the employer. These recommendations should be:

  • Based on the severity of the offense.

  • In accordance with the organization's service rules.

  • Aim to provide redress to the complainant and prevent future occurrences of sexual harassment.


*      The inquiry report must be submitted to the employer.


Step 6: Action on the Report


*      The employer is obligated to act on the IC's inquiry report within 60 days of its receipt.


*      If the allegations of sexual harassment are substantiated, the employer must take appropriate action against the respondent. This action may include:


  • Disciplinary action in accordance with the organisation's service rules, such as:

  • Written apology

  • Warning

  • Suspension

  • Termination of employment

  • Demotion

  • Change in work location

  • Any other disciplinary action as specified in the organisation's policy.

  • The employer may also consider providing restorative justice measures, such as counselling or mediation, in addition to disciplinary action.


*      If the allegations are not substantiated, the employer must inform both the complainant and the respondent of this finding.


*      The employer must ensure that the action taken is fair, proportionate, and in accordance with the principles of natural justice.


Step 7: Monitoring and Reporting


*      The IC has a role in monitoring the implementation of its recommendations to ensure that the action taken by the employer is effective and that the complainant receives the necessary support.


*      The employer is required to include information about POSH cases in its annual report. This report should include:


  • The number of sexual harassment complaints received in the year.

  • The number of complaints disposed of.

  • The number of cases pending.

  • The number of awareness programs and training sessions conducted.

  • Any other relevant information as may be prescribed.


*      Confidentiality of the proceedings must be maintained in all reports and communications.


In Conclusion


The POSH redressal process is a structured framework designed not only to comply with the law but also to promote a culture of respect, fairness, and dignity in the workplace. By adhering to these 7 steps, organizations can ensure that their workplaces are safe environments where all employees, particularly women, are protected from harassment and discrimination. This process is vital for maintaining trust and accountability, ensuring a healthy, respectful, and supportive work culture.

 
 
 
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