An eligible complaint should be submitted to the workplace’s Internal Committee. The Local Committee may have a role in cases involving smaller establishments or complaints against the employer.
Under the POSH Act, a complaint is generally to be filed within three months of the incident or, in the case of a series of incidents, within three months of the last incident. For sufficient reasons, an extension of up to a further three months may be granted. Harassment is not limited to physical contact; the law also covers other unwelcome sexual conduct. If a criminal offence has occurred, a separate police process may also be available.
What should you do now?
- Prepare a factual record of the incident, dates, locations, messages and witnesses.
- Submit a written complaint to the appropriate committee and request any necessary interim measures.
- Maintain the confidentiality of the proceedings and comply with notices.
What documents should you keep?
Messages, emails, a list of incidents, witness details and the complaint acknowledgement.
Avoid this mistake
Posting information subject to the Committee’s confidentiality requirements on social media may create an additional problem.
A hypothetical example
You received unwanted sexual messages over several months, with the last message arriving recently. When determining the complaint deadline, it is important to keep a record of the series of incidents and the last incident. If there is a delay, also state the actual reasons for it.
Do you have to be a permanent employee to file a complaint?
No. The Act covers several types of employment and workplace situations; check the facts.
Legal basis and useful source
This is general legal information. Advice may differ depending on your facts, the applicable law and state rules.