An employee at my office in Gurugram has filed a sexual harassment complaint under the POSH Act; what is my obligation as the employer?
MA Asked by Manoj Tiwari from India
Quick Answer
Under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redundancy) Act, 2013 (POSH Act), every employer with ten or more employees must constitute an Internal Complaints Committee (ICC) to receive and investigate complaints.
Detailed Legal Analysis
Under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redundancy) Act, 2013 (POSH Act), every employer with ten or more employees must constitute an Internal Complaints Committee (ICC) to receive and investigate complaints. The complaint must be filed within three months, extendable by three months, and the ICC must complete the inquiry within ninety days.
During the inquiry, the complainant may be granted leave or transferred, and interim reliefs can be provided. The ICC submits a report to the employer, who must act on the recommendations within sixty days.
The Punjab and Haryana High Court may be approached if the employer fails to constitute the ICC or act on recommendations. The Haryana Rent Control Act 1973 on workplace harassment may have additional provisions.
Non-compliance with the POSH Act attracts fine up to fifty thousand rupees and may lead to cancellation of business licence for repeat offences.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.