Protection Against Sexual Harassment at Workplace
Every workplace with 10+ employees must have an Internal Complaints Committee (ICC) under the POSH Act.
🗣️ What this means for you
If you face any unwelcome sexual behavior at work — physical contact, sexual remarks, showing pornography, demand for sexual favours — you can file a complaint with the Internal Complaints Committee (ICC). Every office with 10 or more employees must have an ICC. Your identity will be kept confidential, and you cannot be punished for filing a complaint.
Step-by-Step Action Plan
Document every incident — note dates, times, places, witnesses, and save any evidence (messages, emails, screenshots).
File a written complaint to the Internal Complaints Committee (ICC) within 3 months of the incident (extendable by 3 months).
If your workplace does not have an ICC, file with the Local Complaints Committee (LCC) at the district level.
The ICC must complete the inquiry within 90 days and submit its report within 10 days.
If unsatisfied with the outcome, appeal in court within 90 days of the recommendations.
You can also file an FIR under Section 75 of the Bharatiya Nyaya Sanhita (BNS), 2023.
⚖️ The Relevant Law
Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) (2013)
Section 2(n), Section 4, Section 9
"Sexual harassment includes unwelcome sexually determined behaviour such as physical contact, demand or request for sexual favours, sexually coloured remarks, showing pornography, or any other unwelcome physical, verbal or non-verbal conduct of sexual nature."
⚠️ Punishment / Penalty
Employer must take action as recommended by ICC — which can include written apology, warning, withholding promotion, termination of the respondent, or deduction of wages. The employer faces a fine of ₹50,000 for non-compliance, and repeated violations can lead to cancellation of business license.
Required Documents
- 📄Written complaint describing incidents in detail
- 📄Evidence — screenshots, messages, emails, photos, CCTV footage
- 📄Names and contact details of witnesses
- 📄Medical or counseling records (if applicable)
- 📄Employment ID or proof of association with the workplace