POSH Complaint: How to File a Sexual Harassment Complaint at the Workplace in India (2026)

How-To Guide · Workplace Rights

Updated for 2026 · Claw Editorial

To file a POSH complaint, an aggrieved woman gives a written complaint to her employer's Internal Committee (IC, also called ICC) within 3 months of the incident, extendable by up to 3 more months. The IC inquires and should finish in 90 days. Interim relief is possible. Findings can be appealed, and criminal or civil proceedings may follow. This guide walks through each step in plain language, under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, known as the POSH Act.

01Before you file: what counts and where it applies

Many women do not file because they are unsure whether what happened "counts", or who to write to. The POSH Act answers both questions.

What is sexual harassment at work

The Act covers unwelcome acts or behaviour, direct or by implication, such as physical contact and advances, a demand or request for sexual favours, sexually coloured remarks, showing pornography, or any other unwelcome physical, verbal or non-verbal conduct of a sexual nature. It also covers situations where sexual favours are linked to promotion or threats about a job.

Where it applies

The Act applies to a wide idea of "workplace": offices, branches, and also places a woman visits because of her work, including transport provided by the employer. It protects women in regular, contract, temporary, ad hoc and daily-wage roles, as well as interns and trainees, and covers both the organised and unorganised sectors.

02Step-by-step: how to file a POSH complaint

1. Write down what happened. Note the dates, times, places, what was said or done, and who saw or heard it. Save messages, emails, call logs and photos. Do this even if you are not sure you will file.
2. Find the right committee. Every employer with 10 or more workers must set up an Internal Committee at each office or branch. Check your HR policy, notice board or intranet for the IC Presiding Officer's name and contact details. If your workplace has fewer than 10 workers, or the complaint is against the employer, the route is the Local Committee (see below).
3. Write and submit the complaint. File it in writing with the IC. The Act provides that six copies of the complaint, along with supporting documents and the names and addresses of witnesses, should be given. Keep a signed or emailed acknowledgement. If you cannot write it yourself, the Presiding Officer or a member must give you reasonable help to put it in writing.
4. Respect the time limit. The complaint should be made within 3 months of the incident, or of the last incident if there is a series. The IC can extend this by up to 3 more months if it is satisfied that circumstances stopped you from filing earlier, and it must record its reasons in writing.
5. Conciliation, only if you ask. Before starting the inquiry, the IC may try to settle the matter between you and the respondent, but only if you request it. A money settlement cannot be the basis of conciliation. If a settlement is reached, the IC records it and no further inquiry takes place.
6. The inquiry. If there is no conciliation, the IC sends a copy of the complaint to the respondent, who must reply within a set time. Both sides are heard, can present witnesses and documents, and the IC follows natural justice. The IC should complete the inquiry within 90 days.
7. Interim relief. While the inquiry is pending, you can ask the IC to recommend interim steps to the employer, such as transferring you or the respondent, granting you leave of up to 3 months in addition to your normal leave, or other relief.
8. Report and action. The IC gives its report to the employer, with copies to both parties, within 10 days of finishing. If harassment is proved, it recommends action under the service rules, and may recommend a deduction of salary to compensate the woman. The employer should act on the recommendations within 60 days.

03What the complaint must contain

There is no fixed national form. A clear written complaint should include:

• Your name, designation, department and contact details.
• The name and designation of the person complained against (the respondent).
• A dated account of each incident: what happened, where, and how often.
• Names and addresses of witnesses, if any.
• Copies of messages, emails, photos or other documents that support your account.
• Any earlier complaint or request for help you made to a manager or HR.
• The relief you want, for example action against the respondent or interim relief.

Stick to facts and keep the language simple. You can add more detail later during the inquiry. If you are unable to file because of physical or mental incapacity, or death, the Act allows a legal heir or another person prescribed in the Rules to file on your behalf.

04Who sits on the Internal Committee

The employer must set up the IC by written order. Under the Act it has:

• A Presiding Officer, who must be a senior-level woman employee.
• At least two members from among employees, preferably committed to the cause of women or with social work experience or legal knowledge.
• One external member from an NGO or association committed to women's causes, or a person familiar with sexual harassment issues.

At least half of the members must be women. Members are appointed for a term not exceeding three years. If the Presiding Officer or any member has a conflict of interest, or was involved in the matter, you can ask for that person to be replaced.

Everything in the process is confidential. The Act bars publishing or making known the identity of the woman, the respondent, witnesses and the inquiry details.

05Timelines at a glance

Always check the current Act and Rules, because the exact period for each step is what the IC and any court will apply.

06The Local Committee route for small and unorganised workplaces

Not every workplace has an IC. The Act creates a Local Committee (LC) at district level, set up by the District Officer. You can approach the LC if:

• Your workplace has fewer than 10 workers, so no IC exists.
• The complaint is against the employer himself or herself.
• You work in the unorganised sector, such as domestic work or small shops.

The LC is headed by a Chairperson who is a prominent woman in social work, with members from the block, taluka or ward level, an NGO member, and a District Officer representative. The complaint process is similar: a written complaint within 3 months, an inquiry, and a report. The LC passes its recommendations to the employer or the District Officer for action.

If you are unsure whether a committee exists, ask HR in writing. If none exists when one is required, the employer is breaching the Act, and the penalty can be a fine of up to Rs 50,000 for a first lapse.

07Appeal, and what can follow the IC process

Appeal

If either side is unhappy with the IC or LC recommendations, or with how the employer carried them out, an appeal can be filed to the court or tribunal, or the appellate authority, as the law provides, within 90 days of the recommendations. Courts have also dealt with questions such as whether a committee's early rejection of a complaint is open to appeal, so it is worth getting legal advice on the right forum.

Criminal and civil proceedings

The POSH process is a workplace remedy. It does not replace the criminal law. A woman can also file a complaint or FIR under relevant provisions of the criminal law, and the Act itself says it is in addition to other laws. The respondent may also approach a court, for example to challenge an inquiry or its findings. A single dispute can therefore run in several places at once: the IC, an appeal, a High Court writ, and a criminal case.

If you are also facing violence at home, that is a different law and procedure, covered in our guide on how to file a domestic violence complaint. For a related workplace right, see the Maternity Benefit Act.

08Where Claw fits

Filing with an IC does not need any software. Claw only becomes relevant if a POSH matter moves into court, for example an appeal, a writ petition, or a related criminal or civil case. Those cases are listed under party names, and the dates keep changing.

Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals. Its case tracking covers 8200+ courts and tribunals, with automatic case updates, cause lists and WhatsApp and email alerts. Claw has a free plan for individual advocates, and teams and enterprises are on paid plans. Claw does not handle the IC process itself and does not give legal advice.

If a POSH matter goes to appeal or court, create a FREE Claw account to track it by party name. For other uses of party-name search, see litigation checks for business partner vetting, and for law firms choosing software, the best legal software for a 10-lawyer firm.

09Sources and further reading

• The POSH Act, 2013 (India Code): indiacode.nic.in
• Ministry of Women and Child Development: wcd.nic.in
• Claw: clawlaw.in

Last verified: October 2026. Laws and rules can change, so check the current text before you act.

10Frequently asked questions