To make a complaint under the Prevention of Sexual Harassment (POSH) Act to the Internal Complaints Committee (ICC), follow these steps:
1. Understand the Eligibility and Nature of the Complaint
- The POSH Act applies to any employee who believes they have experienced sexual harassment at the workplace.
- The complaint must pertain to an act of sexual harassment, which includes unwelcome acts, physical contact, or verbal conduct of a sexual nature.
2. Draft the Written Complaint
- The complaint must be in writing.
- Clearly describe the incident(s), including:
- Dates and times of the incident(s).
- Location where the incident(s) occurred.
- Details of the act and specific actions that made you uncomfortable or felt like harassment.
- Names and details of the respondent(s) (person(s) against whom the complaint is being made).
- Witnesses (if any) who were present during the incident(s).
- Include any evidence you may have, like text messages, emails, or recordings, if available.
3. Submit the Complaint to the ICC
- Submit your written complaint to the Internal Complaints Committee within three months from the date of the incident (or the last incident, in case of a series of events).
- The complaint can be emailed or hand-delivered to the ICC. It’s often addressed to the Presiding Officer (the chairperson of the ICC, who is usually a senior female employee).
4. Seek Assistance if Required
- If you’re unable to draft the complaint on your own due to certain challenges (e.g., language or emotional distress), seek help from a trusted HR representative or a member of the ICC.
- You may also appoint a representative (in case of severe health issues or disability) to submit the complaint on your behalf.
5. Wait for Confirmation and Further Steps
- Once the complaint is submitted, the ICC will send an acknowledgment and initiate the process.
- They may conduct interviews and will request your cooperation during the investigation.
Important Points to Keep in Mind
- Confidentiality: ICC proceedings are confidential, and discussing the complaint outside of the official inquiry process is not allowed.
- Timeframe: The ICC is expected to complete the inquiry within 90 days of receiving the complaint.
- Outcome: After the investigation, the ICC will recommend action based on the findings.
Follow-Up
If you feel dissatisfied with the ICC’s decision, you can appeal to an appropriate court or tribunal as per the organization’s grievance process or as prescribed under the POSH Act.