The POSH complaint process follows a fixed sequence: the aggrieved woman files a written complaint within 3 months, the ICC offers conciliation or launches a formal inquiry, the inquiry wraps up within 90 days, and the employer acts on the findings within 60 days. Every one of these deadlines comes from the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. None are advisory. Miss the 7-day notice to the respondent? Your inquiry’s procedural validity takes a hit.
Key Takeaways
- Written complaint must reach the ICC within 3 months of the incident (extendable by 3 more months in special circumstances)
- ICC has 7 working days to send a copy to the respondent
- Conciliation is voluntary, available only at the complainant’s request, and cannot involve monetary settlement
- Formal inquiry must wrap up within 90 days of receiving the complaint
- Employer must act on ICC recommendations within 60 days of receiving the report
Who Can File a POSH Complaint?
Only the “aggrieved woman” can file under Section 9. Full-time, part-time, contractual, intern, apprentice, on-site consultant: employment type does not narrow who qualifies. Our separate post covers who is covered under the POSH Act in detail.
One exception: if the woman cannot file due to physical incapacity, mental health reasons, or death, a legal heir or ICC-authorised person can file on her behalf. At a retail chain in Rajkot, a contractual sales associate filed through a colleague in November 2024 while on medical leave. Her colleague produced a written authorisation letter, and the ICC accepted it.
The Complete Timeline: Filing to Resolution
Every deadline below is written into the Act. Print this and hand it to your ICC Presiding Officer.
| Stage | Timeline | What Happens |
|---|---|---|
| Incident occurs | Day 0 | The clock starts for the 3-month filing window |
| Complaint filed | Within 3 months (extendable to 6) | Aggrieved woman submits written complaint to ICC |
| Copy to respondent | Within 7 working days | ICC sends complaint copy; respondent gets 10 working days to reply |
| Respondent’s reply | 10 working days from receiving copy | Written reply with documents and witness list |
| Conciliation (if requested) | Before inquiry begins | Voluntary, only at complainant’s request |
| Formal inquiry | After conciliation fails or is skipped | ICC hears both parties and witnesses separately |
| Inquiry completion | Within 90 days of complaint receipt | All hearings and fact-finding wrapped up |
| Inquiry report | Within 10 days of completing inquiry | ICC submits findings and recommendations |
| Employer action | Within 60 days of receiving report | Implements ICC’s recommendations |
| Appeal window | 90 days from recommendation date | Either party can appeal to a court or tribunal |
In short, the 7 steps are: (1) written complaint filed within 3 months, (2) copy served to respondent within 7 working days, (3) conciliation attempted only if the complainant requests it, (4) interim relief granted during inquiry, (5) formal inquiry completed within 90 days, (6) inquiry report submitted within 10 days, (7) employer acts on findings within 60 days.
Step 1: Filing the Written Complaint
A verbal report to the HR manager over a phone call, a complaint dropped in a WhatsApp group, a tearful conversation with a senior colleague after a shift change: none of these count under Section 9 of the Act. The complaint must be in writing, naming the respondent, describing the incident with date and location, and listing any witnesses. Six copies go to the ICC for distribution.
The 3-month filing deadline runs from the date of the incident, or from the last incident if harassment occurred over multiple occasions. A Madras High Court ruling held that continuing trauma can stretch this window.
At a food processing unit in Hosur, the ICC granted a 3-month extension in March 2025 after the complainant produced medical records showing stress-related leave through the original filing period.
Step 2: Serving the Complaint to the Respondent
Seven working days to forward the complaint to the respondent. Not ten, not “as soon as possible.” Seven. Delay it by two weeks and a respondent’s lawyer will raise procedural invalidity at the appeal stage.
After receiving the copy, the respondent gets 10 working days to submit a written reply with their version, supporting documents, and a witness list. No reply within that window? ICC moves ahead with whatever information it already has.
Step 3: Conciliation (Only If the Complainant Requests It)
A lot of ICC Presiding Officers think they should “try to resolve things first.” Wrong. Section 10 puts conciliation entirely in the complainant’s hands. She requests it, or it does not happen. Committee cannot suggest it, respondent cannot demand it.
Three rules apply when conciliation does happen:
- No monetary settlement; resolution must involve action like an apology, transfer, or behavioural commitment
- If both parties agree, ICC records the settlement and treats the complaint as disposed of
- If the respondent breaks settlement terms later, the complainant can reopen and push to formal inquiry
At an IT services firm in Electronic City, Bengaluru, conciliation in January 2025 produced a written apology and a department transfer. Four months later, the respondent landed back on the same floor. She reopened the case, and a full inquiry started from scratch.
Step 4: Interim Relief
Picture complainant and respondent still sharing a 400 sq ft office in Lower Parel, three desks apart, during a 90-day inquiry. Section 12 exists to prevent that. Complaints can also be registered on the SHe-Box portal for tracking.
Based on the complainant’s request, the committee recommends one or more options:
- Transfer either party to a different department, branch, or shift
- Up to 3 months of paid leave for the complainant, without touching her regular leave balance
- Bar the respondent from supervising, evaluating, or contacting the complainant
A salon chain in Hyderabad with 4 outlets moved a branch manager to a different location within 48 hours of an August 2024 complaint. She stayed at her original branch.
Step 5: The Formal Inquiry
Under the POSH Act, the ICC inquiry follows “preponderance of probability,” not “beyond reasonable doubt.” Both parties are heard separately, with minimum 3 ICC members present at each hearing. Cross-examination goes through the Presiding Officer only; direct confrontation between parties is not permitted.
Not a courtroom trial, though ICC members at SMEs tend to model their process on what they have seen in films. Evidence tilting in one direction, even without airtight proof, is enough for findings. Witnesses come in one at a time, with 7 days’ written notice specifying date, time, and venue.
A manufacturing unit in Pimpri-Chinchwad with 120 workers wrapped up in 11 weeks through late 2024. Six hearings, the woman heard twice, respondent twice, four witnesses once each.
Step 6: The Inquiry Report
Under Section 13 of the POSH Act, the ICC must submit its written report within 10 days of completing the inquiry. Both parties and the employer receive it simultaneously, with a finding of “proved” or “not proved” and recommended action.
Report contents include a summary of the complaint, evidence reviewed (witness statements, documents, chat screenshots), and the recommended action. If proved, recommendations range from a written warning to termination. Monetary compensation can also be recommended, calculated from mental trauma, career impact, and the respondent’s financial standing.
Step 7: Employer Action
Across 30,000+ businesses on Petpooja’s Payroll platform, we see the same failure pattern. Report lands on someone’s desk. Sixty days pass. Legal notice arrives.
“Shall,” not “may.” Downgrade a recommended termination to a warning, and the complainant can challenge it in court. Ignore a recommended transfer, and it counts as non-compliance, with penalties under Section 26 going up to ₹50,000. Tracking these deadlines through Petpooja Payroll keeps them from getting buried under GST filings and month-end salary runs.
What About False or Malicious Complaints?
A garment store owner in Vastrapur, Ahmedabad once asked us whether he could “use Section 14” against a complainant whose case did not hold up. He could not. That is not how Section 14 works.
There is a sharp line between “not proved” and “malicious.” ICC can recommend action against a complainant only when it finds specific malicious intent or forged documents. A complaint that did not hold up is not grounds for invoking Section 14. Threatening a complainant with it? Separate violation under the Act entirely.
Confidentiality: Section 16
A branch manager mentions “that complaint from last week” during a team standup. Section 16 violation. An ICC member discusses findings in a managers’ WhatsApp group. Same thing. Section 16 covers complaint contents, identity of either party, witness details, and recommendations.
For businesses without formal service rules, bake the confidentiality obligation into your POSH policy and cover it during annual POSH training.
Conclusion
Three months to file, 7 working days to notify, 90 days to investigate, 60 days to act. Miss any of these and the other side has grounds to challenge the entire process. Get your ICC set up properly before a complaint arrives, not after. Once that clock starts, you cannot improvise.
Frequently Asked Questions
Yes, the ICC can extend the deadline by another 3 months for valid reasons like illness, fear of retaliation, or transfer to a different city. Extension is at the ICC’s discretion.
No. Conciliation happens only when the complainant requests it. Most complaints skip this step and go straight to formal inquiry.
Missing the deadline does not void the inquiry, but courts have treated delays as procedural negligence. The respondent can use it as a ground for appeal.
No. Written questions go through the ICC Presiding Officer. Direct confrontation between parties is not permitted under the Act.
Bound to act within 60 days regardless. Downgrading or ignoring the recommendation exposes the employer to legal challenge and penalties under Section 26.
