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FOSH

Filing of Sexual Harassment Complaint

Section 9 of the POSH Act gives details on filing of a complaint of Sexual Harassment at Workplace. Excerpts from Section 9 of the Act:Any employee who faces sexual harassment at workplace can lodge a complaint to the Internal Complaints Committee within a period of 3 months from the date of incident and in case of a series of incidents, within a period of three months from the date of last incident.In case the employee is not able to give the complaint in writing, the Presiding officer or any member of the Internal Complaints Committee shall render all reasonable assistance to the employee for making the complaint in writing. In case the employee is not able to make a complaint on account of her physical or mental incapacity or death or otherwise, her legal heir or any such person as may be prescribed, may make a complaint. In case of physical incapacity (e.g. physically hurt and unable to file a written complaint) a complaint may be filed bya. Her friend or relative orb. Her co-worker; or
c. Any person who has the knowledge of the incident, with the written consentof the aggrieved woman.
In case of mental incapacity (e.g. mental trauma/distress or pre-existing mentalillness etc.) and is unable to file a written complaint, a complaint may be filed by —
a. Her relative or friend; or
b. a qualified psychiatrist or psychologist; or
c. the guardian or authority under whose care she is receiving treatment or care;
d. Any person who has the knowledge of the incident jointly with her friend/ relative/psychologist/psychiatrist or authority under whose care she is receiving treatment
In the case where the aggrieved woman is dead, a complaint may be filed by any person who has the knowledge of the incident, with the written consent of her legal heir.Given below is a format designed by SACAS POSH to assist the aggrieved individual/victim/complainant in making a formal complaint to the Internal Complaints Committee (ICC).