For employees

POSH FAQ for Employees: your rights and how to complain

Plain answers for employees on the POSH Act, 2013: what counts as sexual harassment at work, where the Act applies, how to complain to your Internal Committee, what happens next and how you are protected. Each answer names the section of the Act or the rule it comes from.

Written by Manas Editorial Team · Last updated · Checked against the official text

At a glance

What should every employee know?

  • Complain in writing to your Internal Committee within 3 months of the incident, or of the last incident in a series (Section 9(1)).
  • The inquiry must be completed within 90 days (Section 11(4)).
  • Your identity, the complaint and the proceedings cannot be made known to the public, press or media (Section 16).
  • Mere inability to substantiate a complaint need not attract action (Section 14).
  • Complaints against the employer, or from workplaces with fewer than ten workers, go to the district’s Local Committee (Section 6(1)). You can also file on SHe-Box.
  • In an emergency, call 112.
1 · Basics

What is the POSH Act, and who does it protect?

What is the POSH Act?
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. It protects women at the workplace. It requires employers to set up an Internal Committee by written order, at every office or administrative unit (Section 4(1)). Where a workplace has fewer than ten workers, or the complaint is against the employer, complaints go to the district’s Local Committee (Section 6(1)).
Who is protected?
Any woman at the workplace, of any age, whether employed or not (Section 2(a)), including contract workers, probationers, trainees and apprentices (Section 2(f)). Many company policies go further. Check yours.
What is the Internal Committee?
A committee of at least four members (Section 4(2)):
  • a woman employed at a senior level, as Presiding Officer;
  • at least two employees;
  • one external member, from an NGO or association committed to the cause of women, or a person familiar with issues relating to sexual harassment.
At least half of the members must be women.
Can men or people of other genders complain?
The Act protects women. An employer can choose to extend the same protection to every gender through its own policy. Check yours. Anyone can still raise a complaint through other channels or laws.
2 · What counts

What counts as sexual harassment?

What is sexual harassment?
Any of these, when unwelcome (Section 2(n)):
  • physical contact and advances;
  • a demand or request for sexual favours;
  • sexually coloured remarks;
  • showing pornography;
  • any other unwelcome physical, verbal or non-verbal conduct of a sexual nature.
Can promises or threats about my job be harassment?
Yes, when connected with such conduct (Section 3(2)):
  • implied or explicit promises of preferential treatment;
  • threats of detrimental treatment;
  • threats about present or future employment;
  • interference with work;
  • an intimidating, offensive or hostile work environment;
  • humiliating treatment likely to affect health or safety.
Does it matter what the other person meant?
Not on its own. The Act covers unwelcome conduct, whether direct or implied (Section 2(n)). So what counts is how the conduct was received, not only what was intended.
Is online behaviour covered?
The Act does not name online spaces. But messages, calls, chats, email and social media connected with work are generally treated as covered, and most company POSH policies say so expressly.
3 · Where it applies

Where does the POSH Act apply?

Is it only the office?
No. The workplace includes any place visited arising out of or during the course of employment, including transport provided by the employer (Section 2(o)(v)): client sites, offsites and work events, for example. The Act also lists “a dwelling place or a house” (Section 2(o)(vi)). Work from home and online work spaces are not named in the Act, but they are generally treated as connected with work. Check your company’s POSH policy.
4 · How to complain

How do you make a complaint?

How do I complain?
In writing to the Internal Committee: through your company’s confidential complaint link or QR code, or to any committee member.
Is there a time limit?
Within 3 months of the incident, or of the last incident in a series. If circumstances prevented you from complaining in time, the committee can extend this by up to 3 more months, for reasons recorded in writing (Section 9(1)).
What if I cannot write it?
The committee gives reasonable help to put it in writing (Section 9(1)).
What if the complaint is against the employer?
It goes to the Local Committee of the district, which also hears complaints from workplaces with fewer than ten workers (Section 6(1)). You can also file on SHe-Box, the Government of India’s online portal. SHe-Box forwards complaints to the relevant Internal or Local Committee.
5 · After you complain

What happens after you complain?

What happens next?
You give the committee copies of the complaint, with supporting documents and witness details. The committee sends a copy to the respondent within 7 working days. The respondent replies within 10 working days of receiving it. The inquiry follows the principles of natural justice, with both sides heard (Rule 7; Section 11(1)).
How long does the inquiry take?
It must be completed within 90 days (Section 11(4)). The employer acts on the recommendations within 60 days of receiving them (Section 13(4)).
Can it be settled?
Through conciliation, only if you ask for it, before the inquiry begins, and never on the basis of money (Section 10).
Can I get relief during the inquiry?
Yes. On your written request, the committee can recommend (Section 12; Rule 8):
  • transfer of you or the respondent;
  • leave of up to 3 months, in addition to your normal leave;
  • stopping the respondent from reporting on your work performance.
Can I appeal?
Yes. Either side can appeal within 90 days of the recommendations (Section 18).
6 · Confidentiality and protection

Is your complaint confidential, and are you protected?

Will my name be kept secret?
Your identity, the complaint and the proceedings cannot be made known to the public, press or media (Section 16). Those handling the case can be penalised for breaching this (Section 17). The respondent will receive a copy of your complaint so that they can reply.
Can I face action if my complaint is not proved?
Not for that alone. Mere inability to substantiate a complaint need not attract action. Action can be recommended only if an inquiry finds the complaint malicious or knowingly false, or finds that forged or misleading documents were produced (Section 14).
What about retaliation?
Your company’s POSH policy prohibits victimising anyone who complains or helps an inquiry. Tell the committee immediately if it happens. Threats about your job connected with sexual harassment can themselves amount to sexual harassment (Section 3(2)).
7 · If you see it

What can you do if you see it happen?

What can a bystander do?
If it is safe:
  • interrupt or change the subject;
  • check in with the person afterwards;
  • tell them how to complain;
  • give evidence to the committee if asked.
8 · Other help

Where else can you get help?

  • SHe-Box: shebox.wcd.gov.in.
  • The Local Committee of your district.
  • In an emergency, call 112.
The numbers

Which time limits apply?

From the POSH Act and Rules 7 and 8 of the POSH Rules, 2013, checked 27 October 2026.
ComplaintWithin 3 months of the incident, or of the last incident in a series; the committee can extend this by up to 3 more months, for reasons recorded in writingSection 9(1)
Copy of the complaint to the respondentWithin 7 working daysRule 7
Respondent’s replyWithin 10 working days of receiving itRule 7
InquiryCompleted within 90 daysSection 11(4)
Employer acts on the recommendationsWithin 60 days of receiving themSection 13(4)
Leave during the inquiryUp to 3 months, in addition to your normal leaveSection 12; Rule 8
AppealWithin 90 days of the recommendationsSection 18
How Manas helps

Who wrote this page?

Manas sets up and runs POSH compliance for employers: the Internal Committee’s documents, awareness training for employees and committee members, and a private online portal for the case file. Dr. Priya Dubey Sharma, Founder & Consulting Psychologist, serves as the external member on client committees. To make a complaint, use your company’s confidential complaint link or QR code, or write to any committee member. Employers can read the POSH FAQ for employers or see how POSH compliance with Manas works.

Sources

Where does this page come from?

Last checked against these sources on . Quotations from the Act and the Gazette rules are reproduced with our commentary (Copyright Act, 1957, s.52(1)(q)). General information, not legal advice. Your company’s POSH policy may give you more. Manas is not a law firm.

More on POSH:

Employers on the Manas plan get this FAQ as a PDF and a PowerPoint with their own logo, committee and complaint QR code, on an employee page for each office. See POSH compliance for employers.

POSH enquiries

Want a second pair of eyes on your committee?

Run the free check, or talk to Manu Anirudh Sharma, who handles POSH enquiries at Manas.

Free committee check How Manas POSH compliance works

Manu Anirudh Sharma · +91 95843 22224 · manu@manas365.com

What should you know at a glance?

  • Employers on the Manas plan get this FAQ as a PDF and a PowerPoint with their own logo, committee and complaint QR code, on an employee page for each office. See POSH compliance for employers.