Last Updated: July 2026 | Global Vision Law Firm | 8 Min Read
Introduction
Every employee has the right to work in a safe, respectful, and harassment-free environment. Unfortunately, workplace sexual harassment continues to affect thousands of professionals across India. Many victims remain silent due to fear of retaliation, job insecurity, or lack of awareness about their legal rights.
The good news is that Indian law provides a clear mechanism for reporting workplace sexual harassment through the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act).
In this guide, the legal experts at Global Vision Law Firm explain how to lodge a complaint of sexual harassment at work, the complaint process, timelines, and what legal remedies are available if your employer fails to act.
What Is Sexual Harassment at the Workplace?
Sexual harassment includes any unwelcome act or behavior of a sexual nature that creates an intimidating, hostile, or offensive work environment.
Examples include:
- Unwelcome physical contact or advances
- Demanding sexual favors
- Sexually coloured remarks
- Sending inappropriate messages or emails
- Sharing explicit images or videos
- Repeated unwanted flirting
- Making sexual jokes or comments
- Stalking or persistent unwanted attention
- Threatening employment benefits in exchange for sexual favors
The harassment may occur inside the office, during official travel, virtual meetings, work events, or any place connected with employment.
Who Is Protected Under the POSH Act?
The POSH Act protects women working in both the organized and unorganized sectors, including:
- Permanent employees
- Contract employees
- Consultants
- Interns
- Trainees
- Temporary staff
- Volunteers
- Daily wage workers
- Employees working from home or remotely
Step-by-Step Process to Lodge a Sexual Harassment Complaint at Work
Step 1: Write Down Every Incident
Before filing a complaint, document every incident carefully.
Include:
- Date and time
- Location
- Name of the accused
- Description of what happened
- Witnesses (if any)
- Emails, WhatsApp chats, screenshots, CCTV footage, or other evidence
Keeping accurate records strengthens your complaint.
Step 2: Submit a Written Complaint
A written complaint should generally be submitted to the Internal Committee (IC) established by your employer.
The complaint should include:
- Your name and designation
- Name of the respondent
- Details of incidents
- Supporting evidence
- List of witnesses
- Relief sought
Under the POSH Act, the complaint should ordinarily be filed within three months from the date of the incident. In appropriate circumstances, the Internal Committee may extend this period if sufficient reasons for the delay are recorded.
Step 3: File the Complaint Before the Internal Committee (IC)
Every employer with 10 or more employees is required to constitute an Internal Committee to receive and inquire into complaints of workplace sexual harassment.
The committee generally includes:
- A Presiding Officer (a senior woman employee)
- At least two employee members
- One external member with experience in women’s rights or legal issues
The IC is responsible for conducting an impartial inquiry.
Step 4: Cooperate During the Inquiry
The Internal Committee may:
- Record statements
- Examine evidence
- Call witnesses
- Hear both parties
- Prepare an inquiry report
Both parties should receive a fair opportunity to present their case.
Step 5: Interim Relief During the Inquiry
If necessary, the complainant may request interim relief such as:
- Transfer of either party
- Paid leave (as permitted under the Act)
- Change in reporting manager
- Temporary work-from-home arrangement (where feasible)
- Other appropriate protective measures
Step 6: Action After the Inquiry
If the allegations are substantiated, the employer may take disciplinary action based on the committee’s recommendations, which can include:
- Written apology
- Warning or reprimand
- Salary deduction (where legally applicable)
- Suspension
- Termination
- Mandatory counselling or training
- Other disciplinary measures consistent with applicable laws and service rules
What If Your Company Does Not Have an Internal Committee?
If your employer has fewer than 10 employees, or if an Internal Committee has not been constituted where required, the complaint may be made to the Local Committee (LC) constituted by the appropriate District Officer under the POSH Act.
Legal assistance can help identify the correct forum and ensure the complaint is filed properly.
Can You File a Police Complaint?
Yes.
If the conduct also amounts to a criminal offence under the Indian Penal Code (IPC) or the Bharatiya Nyaya Sanhita (BNS), 2023, such as sexual assault, stalking, voyeurism, or criminal intimidation, you may also file an FIR with the police. This process is separate from the internal workplace inquiry.
What Evidence Can Help Your Complaint?
Useful evidence may include:
- Emails
- WhatsApp chats
- Text messages
- Audio recordings (where legally admissible)
- CCTV footage
- Office entry records
- Witness statements
- Social media conversations
- Photographs
- Call logs
Even if documentary evidence is limited, a complaint can still be examined based on the available facts and witness testimony.
Can Your Employer Retaliate Against You?
The law is intended to protect complainants from victimization.
Examples of retaliation may include:
- Unfair termination
- Demotion
- Salary reduction
- Forced resignation
- Negative performance reviews due to the complaint
- Workplace intimidation
If retaliatory action occurs, legal remedies may be available depending on the facts.
Why You Should Consult a Workplace Harassment Lawyer
A lawyer can help you:
- Draft a legally strong complaint
- Preserve relevant evidence
- Represent you before the Internal or Local Committee where appropriate
- Advise on your legal rights
- Assist if the employer fails to follow the law
- Explore additional civil or criminal remedies where applicable
Early legal advice can help ensure the complaint process is handled effectively.
Why Choose Global Vision Law Firm?
At Global Vision Law Firm, we assist employees and organizations with workplace harassment and employment law matters across India.
Our services include:
- POSH Act legal advice
- Drafting workplace harassment complaints
- Representation during inquiries
- Employment law advisory
- Corporate compliance support
- Litigation and dispute resolution
- Appeals and legal strategy
Our team works with professionalism, confidentiality, and a practical approach tailored to each case.
Frequently Asked Questions (FAQs)
1. How do I lodge a complaint of sexual harassment at work?
You should submit a written complaint to your employer’s Internal Committee. If an Internal Committee is unavailable where required or the employer has fewer than 10 employees, you may approach the Local Committee constituted under the POSH Act.
2. Is there a time limit for filing a complaint?
A complaint should ordinarily be filed within three months of the incident, although the Internal Committee may extend the period in appropriate cases if sufficient cause is shown.
3. Can I file a police complaint as well?
Yes. If the alleged conduct amounts to a criminal offence, you may also file an FIR with the police in addition to pursuing remedies under the POSH Act.
4. Can my employer terminate me for filing a complaint?
Employers should not retaliate against employees for making a complaint. If retaliation occurs, legal remedies may be available depending on the circumstances.
5. Do I need a lawyer?
While not mandatory, legal assistance can help protect your rights, prepare a comprehensive complaint, and guide you through the inquiry and any subsequent proceedings.
Contact Global Vision Law Firm
If you have experienced workplace sexual harassment or need legal guidance under the POSH Act, Global Vision Law Firm can assist you with confidential legal advice and representation.
Call: +91 9599801188
Website: https://globalvisionlawfirm.com
