POSH Complaint (Internal Committee)

TO THE INTERNAL COMMITTEE [organisation_name] CONFIDENTIAL Date: [complaint_date] COMPLAINT UNDER SECTION 9 OF THE SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (PREVENTION, PROHIBITION AND REDRESSAL) ACT, 2013 1. COMPLAINANT Name : [complainant_name] Designation : [complainant_designation] Contact : [complainant_contact] 2. RESPONDENT Name : [respondent_name] Designation : [respondent_designation] 3. PARTICULARS OF THE INCIDENT(S) [incident_details] 4. WITNESSES [witnesses] 5. DOCUMENTS AND MATERIAL RELIED UPON [evidence] 6. WHETHER REPORTED EARLIER [prior_reporting] 7. IMPACT The conduct described above has created an intimidating, hostile and offensive working environment for me, and has adversely affected my ability to perform my duties. 8. RELIEF SOUGHT [relief_sought] I additionally request that the Internal Committee consider granting interim relief pending completion of the inquiry, which may include transfer of the Respondent or of myself, or the grant of leave, as provided under Section 12 of the Act. 9. CONFIDENTIALITY I request that the identity and addresses of the parties and witnesses, and the contents of the complaint and of the inquiry proceedings, be kept confidential in accordance with Section 16 of the Act. 10. DECLARATION I state that the contents of this complaint are true and correct to the best of my knowledge and belief, that nothing material has been concealed, and that this complaint is made in good faith. [complainant_name] COMPLAINANT Date: [complaint_date] ACKNOWLEDGMENT BY THE INTERNAL COMMITTEE Received on ______________ Complaint No. ______________ Signature of the Presiding Officer / Member: ______________________ YOUR RIGHTS AND THE APPLICABLE TIMELINES TIME LIMIT FOR FILING — Section 9 requires a complaint to be made WITHIN THREE MONTHS of the date of the incident, or in the case of a series of incidents, within three months of the last incident. The Internal Committee may EXTEND that period by a further three months where it is satisfied that circumstances prevented the complainant from filing within time, and it must record the reasons in writing. If you are outside the three months, say so and explain why — the extension exists precisely for that situation. ASSISTANCE IN FILING — where the complainant is unable to make a complaint on account of physical or mental incapacity, or death, or otherwise, a legal heir or a person specified in the rules may make it on her behalf. CONCILIATION — Section 10 permits the Internal Committee, at the complainant's request, to attempt to settle the matter through conciliation before initiating an inquiry. NO MONETARY SETTLEMENT may be made the basis of conciliation, and conciliation cannot be forced on a complainant who does not want it. TIMELINES FOR THE INQUIRY — the inquiry must be completed WITHIN NINETY DAYS. The Committee's report must be provided to the employer within ten days of completion, and the employer must act on the recommendations within sixty days. INTERIM RELIEF — Section 12 permits the Committee to recommend, during the pendency of the inquiry, the transfer of the complainant or the respondent, leave for the complainant of up to three months in addition to her ordinary entitlement, or such other relief as may be prescribed. PROTECTION AGAINST RETALIATION — victimisation of a complainant or a witness for having made a complaint or given evidence is itself actionable, and should be reported to the Committee immediately. CONFIDENTIALITY — Section 16 prohibits publication or disclosure of the contents of the complaint, the identity of the parties and witnesses, and the proceedings and recommendations, and Section 17 provides a penalty for breach. WHERE THERE IS NO INTERNAL COMMITTEE, or the complaint is against the employer, the complaint lies to the LOCAL COMMITTEE constituted by the District Officer. This template is a drafting aid. Support is available independently of your employer, and you may seek legal advice at any stage.