The POSH Act, 2013: Complaints, Inquiry and Conciliation

The POSH Act creates a statutory prevention and redressal mechanism. It should not be described as merely another workplace mediation scheme.

Committee structure

Section 4 requires the employer to constitute an Internal Committee by written order. Where offices or administrative units are located at different places or divisional or sub-divisional levels, the Committee is required at those units. The section also prescribes the Presiding Officer, employee members, external member and gender-composition requirements. Section 6 provides a Local Committee route for establishments with fewer than ten workers and complaints against the employer.

Complaint period and assistance

Under Section 9, a complaint should ordinarily be made within three months of the incident or last incident in a series. The Committee may extend this by up to three months for recorded reasons where circumstances prevented filing. Where the aggrieved woman cannot make a written complaint, the Committee must provide reasonable assistance; the Rules address complaints where she is unable to complain for specified reasons.

Conciliation is narrow—but it can conclude the complaint

Section 10 permits conciliation only before inquiry and only at the aggrieved woman's request. No monetary settlement may form the basis. If a settlement is reached, it is recorded and forwarded to the employer or District Officer, and copies are provided to the parties. The Act then states that no further inquiry shall be conducted.

It is therefore inaccurate to say that conciliation can never replace or conclude the inquiry. The correct position is that the woman cannot be compelled to conciliate, money cannot be the basis, and a recorded settlement ordinarily ends the inquiry. If the respondent fails to comply, Section 11 permits the Committee to proceed with inquiry or forward the complaint to the police, as applicable.

Inquiry and recommendations

Where there is no settlement, the Committee conducts an inquiry under the applicable service rules or prescribed procedure. It has specified civil-court powers for summoning, attendance, discovery and production of documents. The inquiry should be completed within 90 days. The report is provided to the employer or District Officer and the parties; action is then required within the statutory period.

Compensation and confidentiality

Compensation is determined by reference to the factors in Section 15, including trauma, loss of career opportunity, medical expenses, respondent income and feasibility of payment. Section 16 restricts publication of the complaint, identities, proceedings, recommendations and action taken.

Ordinary employment disputes may be mediated separately. A sexual-harassment complaint, however, must remain within the protections, voluntariness and confidentiality requirements of the POSH framework.

For other employment disputes and how they are resolved, see workplace disputes.