Formal Application Example for Filing a Complaint
[Date]
To
The Internal Complaints Committee (ICC)
[Company Name]
[Company Address]
Subject: Complaint of Sexual Harassment
Dear [Name or ICC Members],
I am writing to formally file a complaint regarding the
harassment I have been experiencing at the workplace.
The details of the incident(s) are as follows:
Date of Incident(s): [mention the date(s) of the incident]
Location: [mention the location where the incident occurred]
Nature of Harassment: [briefly describe the nature of the
harassment, e.g., inappropriate gestures, comments, etc.]
Perpetrator(s): [name(s) of the alleged harasser(s)]
Witnesses: [name(s) of anyone who may have witnessed the
incident]
I have not been comfortable addressing the situation directly
with the individual, and I believe
This matter requires formal intervention. I request that this complaint be
investigated and
Appropriate actions be taken according to the guidelines set out by the POSH Act.
I am also available for any further discussion or to provide
additional information, if required.
Thank you for your attention to this matter.
Sincerely,
[Your Full Name]
[Your Position]
[Your Contact Information]
How to File a Sexual Harassment Complaint Under the POSH Act: A Step-by-Step Guide
- Workplace harassment, particularly sexual harassment, is a serious issue that every organisation must address to create a safe and respectful environment. The Prevention of Sexual Harassment (POSH) Act, 2013 was established to protect employees, especially women, from harassment and to ensure that they have a clear process to report any such incidents. If you are facing inappropriate gestures or sexual harassment in the workplace, here's a comprehensive guide on how to file a complaint under the POSH Act, the process you can expect, and what to do if your complaint isn't taken seriously.
1. Filing a Complaint: The First Step
Under the POSH Act, an employee who experiences sexual harassment must submit a formal written complaint to the Internal Complaints Committee (ICC). This is the first step in initiating the process, ensuring that the matter is investigated and appropriate actions are taken.
What Should the Complaint Include?
The written complaint must clearly state:
- Date of Incident(s): When the harassment occurred.
- Location: Where the incident took place (e.g., office, conference room, etc.).
- Details of the incident: A brief description of what occurred, including the nature of the harassment (e.g., inappropriate comments, gestures, or physical actions).
- Prepetrator(s): Name(s) of the individual(s) involved in the harassment.
- Witnesses: Any colleagues or other individuals who observed the incident.
The complaint should be submitted within 3 months of the incident, or sooner if the harassment is ongoing.
2. Where to File the Complaint? HR or ICC?
While HR (Human Resources) is often the first point of contact for employees, the POSH Act mandates that every organisation with more than 10 employees must have an Internal Complaints Committee (ICC), which is responsible for handling complaints of sexual harassment.
If HR is Unresponsive:
Approaching the ICC Directly: If HR is unresponsive or dismisses your complaint, you can directly approach the Internal Complaints of sexual harassment and recommend actions accordingly.
Why the ICC? The ICC is trained to deal with such matters and has the authority to handle the complaint confidentially, impartially, and seriously.
Why Involve HR?
HR's Role: HR can assist in guiding you through the complaint process, help with documentation, and facilitate communication with the ICC. However, HR must not interfere in the investigation once the complaint is filed with the ICC.
3. What Happens After the Complaint is Filed?
Once the written complaint is filed, the ICC is responsible for:
- Acknowledging the Complaint: The ICC must acknowledge receipt of the complaint.
- Investigating: The ICC will conduct a thorough investigation, interviewing the complainant, the accused, and any witnesses, ensuring fairness and confidentiality.
- Action: Based on the investigation, the ICC will recommend actions, which may include:
- Corrective Actions: Disciplinary measures against the accused (e.g., suspension, termination).
- Support for the Complainant: providing counselling, work adjustments, or other necessary support.
4. What If HR or ICC Fails to Act?
If HR or the ICC fails to address the complaint seriously or does not take prompt action, the employee can escalate the matter. Here are the steps to take:
Escalate to Senior Management
If the issue persists, the employee can escalate the matter to senior management or the CEO of the company. Senior management has the responsibility to ensure that proper procedures are followed.
Approach External Authorities
- District Officer: The District Officer oversees the implementation of POSH laws and can take action of internal remedies are not followed.
- National Commission for Women (NCW): The NCW can intervene in the matter if the organisation fails to act appropriately.
Legal Action
If all internal and external channels fail, the complainant can take legal action, including filing a police report or pursuing the case in court.
5. What Should the Complainant Expect?
After filing the complaint, the employee can expect the following:
- Confidentiality: The ICC must maintain it throughout the investigation.
- No Retaliation: The POSH Act protects you from retaliation (e.g., harassment or demotion) for filing complaints.
- Timely Action: The investigation should be completed within a reasonable time frame, and the employee should be informed about the outcome.
6. What If the Employee Cannot Write the Complaint?
If an employee is unable to write the complaint due to discomfort or other reasons, HR or the ICC should assist in documenting and submitting the complaint on their behalf. The employee can provide a verbal account, and the complaint will be written based on their description.
Conclusion
The POSH Act provides a framework for addressing sexual harassment and ensuring a safe workplace. Employees have the right to file a formal complaint with HR or ICC, and if HR is unresponsive, the employee can approach the ICC directly. If the matter is still unresolved, the employee can escalate it to senior management or external authorities.
It's important to document everything and know that there are legal channels available to address harassment. All employees, particularly women, have the right to a safe and respectful work environment, and the POSH Act provides the tools to ensure that those rights are upheld.
Comments