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Posh Act Toolkit Demo

Before filling or accepting any sexual harassment complaint, complainant or ICC member whatever the case is, should keep the following points in mind:

 

  • The complainant has to submit six copies of the complaint along with all supporting documents within a period of three months from the date of incident / last date of the series of incidents happened on different dates as the case may be. The ICC has the authority to extend the time limit by another three months on reasonable ground to be recorded in writing.
  • The written complaint should contain a description of each incident(s). It should include relevant dates, timings and locations; name of the respondent(s); and the working relationship between the parties.
  • A person designated to manage the workplace sexual harassment complaint is required to provide assistance in writing of the complaint if the complainant seeks it for any reason.

Filing of Sexual Harassment Complaint:

POSH Act gives details on filing of a complaint of Sexual Harassment at Workplace. Which says:

Any employee who faces sexual harassment at workplace can lodge a complaint to the Internal Complaints Committee within a period of 3 months from the date of incident and in case of a series of incidents, within a period of three months from the date of last incident.

In case the employee is not able to give the complaint in writing, the Presiding officer or any member of the Internal Complaints Committee shall render all reasonable assistance to the employee for making the complaint in writing.

In case the employee is not able to make a complaint on account of her physical or mental incapacity or death or otherwise, her legal heir or any such person as may be prescribed, may make a complaint.

In case of physical incapacity (e.g. physically hurt and unable to file a written complaint) a complaint may be filed by:

  • Her friend or relative or
  • Her co-worker; or
  • Any person who has the knowledge of the incident, with the written consent of
    the aggrieved woman.

In case of mental incapacity (e.g. mental trauma/distress or pre-existing mental illness etc.) and is unable to file a written complaint, a complaint may be filed by:

  • Her relative or friend; or
  • a qualified psychiatrist or psychologist; or
  • the guardian or authority under whose care she is receiving treatment or care; or
  • Any person who has the knowledge of the incident jointly with her friend/relative/psychologist/psychiatrist or authority under whose care she is receiving treatment

In cases where the aggrieved woman is dead, a complaint may be filed by any person who has the knowledge of the incident, with the written consent of her legal heir.