What steps should an employee take to file a grievance under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, and what is the timeline for resolution?

Detailed Legal Analysis

Under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, an employee who experiences sexual harassment has a clear procedure to follow to file a grievance. The first step is to lodge a complaint with the Internal Complaints Committee (ICC) established by the employer, as mandated under Section 4 of the Act. If your workplace has more than 10 employees, an ICC must be set up, comprising a presiding officer (a woman), two members from among the employees, and one external member from an NGO or a legal expert with knowledge in issues related to sexual harassment.

Once you decide to file a complaint, it is advisable to do so in writing, detailing the incidents of harassment, including dates, times, and any witnesses. The complaint should be submitted within three months of the incident, as stipulated under Section 9 of the Act. However, if the harassment is ongoing, you can file a complaint as long as it continues. It’s important to keep a copy of your complaint for your records.

After the complaint is filed, the ICC is required to acknowledge receipt within seven days and commence an inquiry into the matter within a week of the acknowledgment (Section 11). The inquiry should ideally be completed within 90 days from the date of the complaint. During this period, both the complainant and the accused will have the opportunity to present their cases. The ICC must submit its report to the employer, who is then responsible for taking appropriate action based on the findings.

If the employee is unsatisfied with the outcome of the ICC inquiry, there are further avenues available. Under Section 12, you can appeal to the appellate authority designated by your employer within 90 days of the decision. Additionally, if you feel that your workplace has not taken appropriate action, you have the right to approach the local police or file a complaint before the Magistrate under Section 498A of the Indian Penal Code for more severe legal recourse. It’s advisable to document all steps taken and keep a detailed record of communications relating to your grievance.