POSH Complaint Procedure covers the complete process from filing a written complaint to the ICC, conciliation (if requested), and formal inquiry. The ICC must ensure fairness, confidentiality, interim relief where required, and compliance with statutory timelines. After the inquiry, the ICC submits its findings and recommendations to the employer, who must take appropriate action, with an appeal option available as prescribed.

POSH COMPLAINT PROCEDURE – COMPLIANCE CHECKLIST

1. Complaint Filing – Section 9

• Complaint is made in writing to the ICC.
• Complaint is filed within 3 months of the incident/last incident.
• If required, ICC considers an extension of up to 3 additional months with reasons recorded.
• Complaint identifies the respondent’s name and designation.
• Complaint describes the alleged conduct, including dates and locations wherever possible.
• Names/details of witnesses, where applicable, are provided.
• Any relief or interim relief requested by the complainant is recorded.
• If the woman cannot make the complaint herself, assistance is provided for filing through a permitted person/authority.

2. Conciliation – Section 10

• Conciliation is considered only if requested by the aggrieved woman.
• ICC/employer does not force or initiate conciliation without her request.
• No monetary settlement is made as part of conciliation.
• Settlement terms are properly recorded by the ICC.
• A copy of the settlement is provided to both parties.
• Where a valid settlement is reached, no further inquiry is conducted on that complaint.
• Employer implements the terms of settlement as applicable.

3. Formal Inquiry – Section 11

Where conciliation is not requested or does not result in settlement:

• ICC initiates the formal inquiry.
• Respondent is given a fair opportunity to respond and present evidence.
• Relevant documents and witness statements are collected.
• Both parties are given appropriate opportunity to be heard.
• ICC maintains proper records of proceedings.
• The Statutory time Are:

4. Interim Relief – Section 12

During the inquiry:

• Complainant’s request for interim relief is considered.
• ICC considers whether transfer of the complainant or respondent is appropriate.
• ICC considers leave of up to 3 months for the complainant, where appropriate.
• ICC considers restricting the respondent from supervising or reporting on the complainant’s work.
• Any interim recommendation is communicated to the employer.
• Employer implements ICC-recommended interim measures.
• Implementation is documented and retained in the case file.

5. Confidentiality – Section 16

• Identity of the complainant and respondent is kept confidential.
• Details of the complaint, inquiry and evidence are not disclosed improperly.
• ICC members, HR and management understand confidentiality obligations.
• Case documents are stored securely with restricted access.
• No public disclosure is made of the parties or proceedings.
• Any confidentiality breach is investigated and addressed appropriately.

6. Appeal – Section 18

• Parties are informed of their right to appeal.
• Appeal is filed before the appropriate appellate authority within 90 days, where applicable.
• Employer/ICC cooperates with the appellate process.
• Records required for the appeal are preserved and produced appropriately.
• Outcome of the appeal is documented and acted upon.

8. False or Malicious Complaints – Section 14

Before recommending action against a complainant:

• ICC conducts the required inquiry.
• There is evidence that the complaint was knowingly false, malicious or frivolous, as applicable.
• ICC does not treat a complaint as false merely because it could not be proved.
• Good-faith complaints that are not substantiated are not automatically treated as false complaints.
• Any action under Section 14 is supported by recorded reasons and evidence.
• Section 14 is not used to intimidate or discourage genuine complainants.