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Filing of Sexual Harassment Complaint
Section 9 of the POSH Act gives details on filing of a complaint of Sexual Harassment at Workplace.
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.
If the employee is unable 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 of physical incapacity, a complaint may be filed by: a. Her friend or relative or b. Her co-worker; or c. Any person who has the knowledge of the incident, with the written consent of the aggrieved woman.
In case of mental incapacity, 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).