Complaint Handling, Inquiry & Investigation services

POSH Complaint Handling, Inquiry, Investigation & Resolution

The POSH complaint handling mechanism is designed to ensure that any complaint of sexual harassment at the workplace is handled with care, fairness, and confidentiality. The aim is to protect the dignity of the woman employee who raises the complaint and give the respondent a fair chance to be heard.

Serving clients across Delhi NCR, including Gurgaon, Noida, and Delhi

At SPJ Advocates &Co., we help organizations in setting up POSH complaint handling systems that are legally correct and practical to use. For us, POSH is not just about rules and paperwork. It is about building trust, between employees and management.

Whether you are an organization or an employee dealing with a POSH complaint in Gurgaon, Noida, or anywhere in Delhi NCR, SPJ Advocates & Co. is here to support you. Share your situation with us and let our experts guide you toward a lawful and practical resolution.

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Who can raise a POSH complaint and what type of complaints are entertained?

According to POSH Act, any woman who faces sexual harassment at the workplace has the right to file a complaint. This includes female employees at all levels, interns, trainees, apprentices, contract workers, third-party workers, visitors, and clients as well.

This applies not only within the office premises, but also during work-from-home arrangements, travel, office events, client meetings, and work-related emails or messages.

Type of Complaints entertains under POSH Act:

Unwelcome physical contact or advances
Sexual remarks, jokes, comments, or gestures
Sharing of sexual electronic content through messages or emails
Repeated unwanted communication with sexual intent
Pressure for dates or sexual favours linked to work benefits

Many female employees hesitate to report complaints because they are not sure whether the conduct was serious enough to file a complaint. POSH Law is made to cover many real workplace situations and encourages women employees to come forward without fear or confusion.

How a POSH complaint is received and processed?

Under the POSH framework, complaints are expected to be handled in a confidential and fair manner. This ensures the complainant feels safe and heard, and makes sure the organization follows the right process.

Complaint Submission and Processing: Step-by-Step

POSH Complaints should be submitted in writing (by hand or through a designated email ID) to the Internal Committee.
POSH complaint should includes details of the incident (when, where, and how), the names of the persons involved, witness details, and supporting evidence.
The complaint is reviewed by Internal Committee (IC) to ensure whether it falls within the scope of POSH or not.
The respondent is informed about the complaint and given an opportunity to submit a written response within the prescribed time.
If the complainant requests conciliation, the Committee may explore that option as per law. If not, or if conciliation does not succeed, the case proceeds to a formal inquiry.

How inquiry and investigation are conducted under POSH?

After receiving a POSH complaint, the Internal Committee (IC) starts a formal inquiry to find out the fact of the case. The purpose of this inquiry is not to punish anyone in advance, but to understand the case by listening to both sides, cross-examine the evidence, and recording witness statements, and then reach at a fair decision.

The process of inquiry and investigation typically includes:

The Internal Committee shares a copy of the complaint with the respondent.
The respondent submits their written response.
The Committee conducts separate hearings with the complainant and the respondent.
Statements of witnesses (if any) are recorded.
Evidence such as electronic messages, chat records, emails, call logs, documents, etc., is examined.
The Internal Committee maintains all records of hearings, minutes of meetings, and statements of both parties.

What happens after the POSH Inquiry and Investigation completed?

Findings, Resolution, and Outcomes

After the inquiry is completed, the internal committee prepares a final enquiry report summarizing the facts, evidence, and conclusions.

A copy of inquiry report is shared with both the parties (respondent & complainant) along with the employer.

The IC submits a separate copy of its recommendations to the employer, may include:

Disciplinary or corrective action if the complaint is found to be true.
Closure with recorded reasons if the complaint is not proved.
In rare cases, action for false complaints, but only if it is clearly proven to be intentional.

The IC submits a separate copy of its recommendations to the employer, may include:

Other than legal knowledge, POSH complaint handling requires procedural knowledge and practical workplace experience. Sometimes, even a small mistake in process, documentation, or timelines can expose an organization to serious legal and reputational risk.

At SPJ Advocates & Co., we use our legal knowledge and workplace experience to handle POSH complaints from start to finish—from setting up the POSH system to inquiry, investigation, and closing the case.

What Makes SPJ Advocates Different?

Practical, not just theoretical
We design POSH complaint handling systems that not only look good on paper but actually work in real organizations.

Legally correct and compliant
We ensure that every step, from receiving the complaint to giving recommendations, is done correctly and in line with the POSH law.

To assist your organization in handling POSH complaints, Contact SPJ Advocates today!

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Most asked questions / FAQ from our client about POSH complaint handling

Who can file a POSH complaint under the POSH Act?

Any woman employee who faces sexual harassment in a workplace can file a POSH complaint. This includes employees at all levels, interns, trainees, apprentices, contract workers, third-party workers, and even visitors or clients, if the incident is connected to the workplace.

What conducts are covered as sexual harassment under POSH?

Sexual harassment includes unwelcome physical contact, sexual remarks or jokes, gestures, sharing sexual or inappropriate content, repeated unwanted communication with sexual intent, and pressure for dates or favours linked to work benefits may fall under POSH.

Does POSH apply outside the office—during travel, events, or client meetings?

Yes. POSH applies to any place related to work, including work from home, office travel, office meetings & events, client meetings, and other work-related activities like emails, messages, or official phone calls. The law looks at the work connection, not just the physical office location.

How do I file a POSH complaint and whom should I submit it to?

A POSH complaint should be submitted in writing to the Internal Committee (IC) of the organization. If the organization does not have an IC, the complaint can be filed with the Local Committee. Some government platforms like SHe-Box can also be used in certain cases.

What is the time limit to file a POSH complaint? Can it be extended?

A POSH complaint should usually be filed within three months from the date of the incident. In certain situations, the Internal Committee may extend this time limit if there are valid reasons for the delay.

What happens after a POSH complaint is filed?

After the complaint is filed, the Internal Committee reviews it, shares it with the respondent, and asks for a written reply. The Internal Committee may consider conciliation if the complainant requests it. If not, the case proceeds to a formal inquiry.

How is a POSH inquiry conducted by the Internal Committee (IC)?

The IC hears both parties separately, records statements, reviews evidence, and examines witnesses.

How long does the POSH inquiry take and what are the key timelines?

The inquiry is generally expected to be completed within 90 days. After the inquiry is completed, the report is usually submitted to the employer with recommendation of action within a short period.

Is the POSH process confidential? Who is allowed to know?

Yes, confidentiality is mandatory under POSH. Details of the complaint, parties, witnesses, and proceedings should not be shared publicly. Only those who are directly involved in handling the case should have access to this information.

What is conciliation under POSH? When is it allowed?

Conciliation/ settlement is an optional process to resolve the matter without a full inquiry. It can be done only if the complainant requests it. It should not involve monetary settlement. If conciliation fails or is not requested, a formal inquiry is conducted.

What are the possible outcomes after the POSH inquiry report?

If the complaint is proved, the Committee may recommend disciplinary or corrective action. If it is not proved, the case may be closed with reasons recorded. The employer is required to act on the recommendations within the prescribed time.