Home / Sexual Harassment of Women at Workplace Act
Criminal Law
Complaint under Sexual Harassment of Women at Workplace Act, 2013
«14-Apr-2025
Introduction
- Chapter IV of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 provides for complaint under the Act.
- Section 9, 10 and 11 lay down the provisions on complaint under the Act.
Filing a Complaint (Section 9)
- Section 9(1): Any woman who experiences workplace sexual harassment can file a written complaint with either the Internal Committee (at her workplace) or Local Committee (if no Internal Committee exists) within 3 months of the incident (or last incident if multiple).
- Section 9(1) (First Proviso): If a woman can't write the complaint herself, Committee members must help her.
- Section 9(1) (Second Proviso): The deadline can be extended up to 3 months if the Committee finds valid reasons for delay.
- Section 9(2): If the woman is unable to file due to physical/mental incapacity or death, her legal heir or another designated person can file on her behalf.
Conciliation Process (Section 10)
- Section 10(1): Before starting a formal investigation, the Committee may attempt conciliation if the woman requests it.
- Section 10(1) (Proviso): Monetary settlements aren't allowed as part of conciliation.
- Section 10(2): If conciliation succeeds, the settlement is recorded and forwarded to the employer or District Officer for action.
- Section 10(3): Copies of the settlement are provided to both the woman and the respondent.
- Section 10(4): No further inquiry happens if settlement is reached successfully.
Investigation Process (Section 11)
- Section 11(1): For employee respondents, investigations follow applicable service rules or prescribed procedures. For domestic worker cases, if there appears to be a valid complaint, it's forwarded to police within 7 days.
- Section 11(1) (First Proviso): If the respondent doesn't comply with settlement terms, the Committee will proceed with a formal investigation.
- Section 11(1) (Second Proviso): When both parties are employees, both get to present their side and respond to findings.
- Section 11(3): The Committee has powers similar to a civil court—they can summon people, require documents, and examine witnesses under oath.
- Section 11(4): Investigations should be completed within 90 days.
Timelines Under These Provisions
Action/Procedure |
Section |
Timeline |
Additional Notes |
Filing a complaint by aggrieved woman |
9(1) |
Within 3 months from date of incident or last incident |
Time limit can be extended by up to another 3 months if Committee finds valid reasons for delay |
Conciliation process |
10 |
Before initiating inquiry under Section 11 |
Only if requested by the aggrieved woman |
Forwarding domestic worker complaints to police |
11(1) |
Within 7 days |
If prima facie case exists |
Completion of inquiry |
11(4) |
Within 90 days of initiating inquiry |
No provision for extension mentioned |
Conclusion
These provisions (Sections 9-11) establish a comprehensive framework for addressing workplace sexual harassment complaints in a timely, fair, and structured manner. The regulations ensure accessibility by providing multiple reporting avenues, assistance for written complaints, and accommodations for special circumstances. They promote resolution through conciliation when appropriate, while protecting against coerced financial settlements.