Updated on April 07, 2025 01:44:18 PM
Filing a complaint regarding sexual harassment may be a cumbersome procedure, but providing the essential procedures would empower the persons concerned to take action and protect the rights vested in them. Sexual harassment in the workplace has become an extremely serious concern, thereby throwing a major challenge in the present arena to the mental health and professional productivity of the employees along with their overall well-being.
The Prevention of Sexual Harassment at Workplace Act, 2013, or POSH Act for short in India, mandates organizations to create safe workplaces and thereby effectively address complaints. One needs to document the incidence first. Documenting an incident means noting the date, time, location, persons involved, and witnesses. Clear documentation provides a factual basis for complaining that will make it easier for the ICC to probe into it.
Then, workers should look at the policy which already exists on sexual harassment in their workplace. This is what outlines the procedures that an employee follows to report such cases, including where the forms should be submitted and the time frame they should adhere to, for example. The familiarity ensures compliance with internal protocols and enables a more efficient process. An appeal should then be made to the ICC, which oversees complaints of such kind within the organization.
Sexual harassment is defined as undesired and unwanted sexual activity that creates a hostile or intimidating environment in the workplace or other contexts. For instance, sexual harassment may take various forms; this ranges from verbal, physical, and visual conduct. For example, unwelcome remarks or jokes, unwarranted touching, sending or showing pornographic photos, or spreading sullying messages fall within the scope of sexual harassment. Importantly, sexual harassment can occur between the same and different genders and may happen regardless of the victim's sexual orientation or the harasser's gender.
Sexual harassment, often referred to as sexual discrimination has an acute effect on victims. It affects their mental and emotional health, job performance, as well as quality of life; it contributes to a toxic work environment through undermining employee morale and trust. Sexual harassment at the workplace.
The steps in filing a complaint are recognizing and acknowledging the harassment. This can be a challenging process, as many victims may question whether their experiences qualify as harassment. Consider the following:
Filing a complaint for sexual harassment is a very daunting task, and knowing the basic things can empower any individual to take necessary action against harassment. That is where the POSH Act comes into action and goes about filling out the detailed procedures that ensure a safe workplace through the redressal of complaints.
At Professional Utilities, we leverage our industry knowledge and expertise to help businesses navigate complex regulations, minimize risks, and optimize operations for maximum efficiency and profitability.
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Frequently Asked Questions
Any female employee who has faced or witnessed harassment can file a complaint under the POSH Act. However, many organizations have internal policies under which males can also file complaints of harassment. The POSH Act is primarily intended to ensure women's security against sexual harassment in the workplace.
Ideally, a complaint should be submitted within three months from the date of the incident, though, through valid reasons, it can be extended by another three months for the delay incurred by the complainant.
In case an organization has more than 10 employees, yet no ICC is present, then the organization is violating the POSH Act. Thereby, you can complain to the higher authorities of the company or you can also complain to the Local Complaints Committee at the district level.
Yes. Besides complaining to the ICC, if harassment also involves other criminal offenses like assault or molestation, then you have the right to complain about the Indian Penal Code.
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