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Appeals Under POSH Act- Understanding Appellate Authority Power
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 establishes a comprehensive framework for addressing workplace sexual Recent Posts
harassment, including a structured appeals mechanism. When aggrieved parties are
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dissatisfied with decisions made by the Internal Complaints Committee (ICC), the POSH
Measures That Actually Work Appeals Under POSH Act: Understanding Appellate Authority Power The 7-Step Background Verification Process Used by Indian Employers
Act provides recourse through designated Appellate Authorities. This appellate process ensures natural justice and offers a critical safeguard against potentially biased or erroneous ICC rulings. If no service rules exist, then Rule 11 of the
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POSH Rules, 2013 clarifies that an appeal may be filed before the appellate authority
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notified under the Industrial Employment (Standing Orders) Act, 1946. Understanding
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the powers, jurisdiction, and procedures of the Appellate Authority is essential for both
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complainants and respondents seeking fair resolution in POSH complaint appeals. The appeals under POSH Act represent a vital component of workplace justice in India.
Filing a POSH Complaint and Time Limits Filing a POSH complaint requires strict adherence to prescribed timelines and procedures. Under the POSH Act 2013, an aggrieved woman must file her complaint with the Internal Complaints Committee (ICC) within three months from the date of the incident or the last incident in case of a series of events. The POSH Rules 2013 allow the ICC to extend this limitation period by an additional three months if sufficient cause is demonstrated. The sexual harassment complaint timeline is crucial, as delays may result in rejection. Understanding the POSH complaint filing process ensures timely redressal and protects women’s rights in the workplace while maintaining procedural integrity and natural justice principles.
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Role of Internal Complaints Committee POSH The Internal Complaints Committee (ICC) serves as the primary redressal mechanism under the POSH Act, with comprehensive responsibilities: Complaint Reception and Registration: The ICC receives and registers sexual harassment complaints from aggrieved women in the workplace, ensuring confidentiality throughout the process. Conducting Inquiries: The ICC POSH functions include conducting fair and time-bound inquiries through the POSH inquiry process, examining evidence and recording statements. Committee Composition: Led by a Presiding Officer (senior woman employee), the ICC includes employee members and a POSH external member from NGOs or organizations working for women’s causes. Investigation Procedure: The role of ICC under POSH Act encompasses the POSH investigation procedure, including issuing notices, examining witnesses, and reviewing documents. Conciliation and Settlement: The ICC inquiry process allows for settlement through conciliation at the complainant’s request, except in cases involving monetary compensation. Report Submission: The Internal Complaints Committee role includes submitting inquiry reports with findings and recommendations to employers within prescribed timelines. Maintaining Confidentiality: Ensuring privacy of all parties throughout the ICC POSH functions and investigation procedure.
What are Appeals Under POSH Act? Appeals under the POSH Act are legal remedies available to dissatisfied parties following ICC decisions. Section 18 of the POSH Act explicitly provides appeal provisions under POSH Act, allowing both the aggrieved woman and the respondent to challenge ICC findings. The question of who can file an appeal under POSH is clear—either party can approach the designated Appellate Authority within 90 days of receiving the ICC recommendations. These appeals against ICC findings ensure procedural fairness and natural justice. The Appellate Authority reviews the matter afresh, examining evidence and arguments before delivering its final decision, thereby providing a crucial check-andbalance mechanism within the POSH Act framework.
Appellate Authority Powers in POSH Act The Appellate Authority wields significant jurisdiction under the POSH Act, as outlined in Section 18(2) POSH. The powers of appellate authority POSH include comprehensive review of ICC recommendations, examining both factual and legal aspects of cases. The appellate authority jurisdiction POSH Act extends to evaluating procedural compliance, reassessing evidence, and determining whether the ICC followed principles of natural justice. The POSH appeal decision powers enable the authority to confirm, modify, or set aside ICC findings entirely. In organizations without established service rules, the Standing
Orders Act governs the appellate mechanism, with the Industrial Court or designated tribunal serving as the Appellate Authority. These extensive powers ensure thorough reconsideration of contested decisions, providing an essential layer of judicial oversight and protecting the rights of all parties involved in workplace harassment proceedings.
FAQ What is the appeal provision of the POSH Act? The POSH Act, 2013 allows appeals under Section 18, enabling dissatisfied parties to challenge ICC recommendations before the designated appellate authority, ensuring fairness in workplace sexual harassment cases.
Who can file an appeal under the POSH Act? Both complainant and respondent, including any aggrieved employee, can file an appeal against ICC decisions, seeking review by the appellate authority for workplace harassment complaints under the POSH Act.
What is the role of the appellate authority under the POSH Act? The appellate authority reviews ICC findings, ensures compliance with law, may uphold or modify recommendations, and guarantees fair resolution of workplace harassment appeals under the POSH Act, 2013.
Within what time frame can an appeal be filed under the POSH Act? An appeal must be filed within ninety days of receiving ICC’s decision, allowing aggrieved employees to challenge workplace harassment findings before the appellate authority under the POSH Act, 2013.
What is the latest amendment of the POSH Act? Recent POSH Act updates emphasize mandatory compliance reporting, disclosure of harassment complaints in company filings, and strengthened online complaint mechanisms like She‑Box, enhancing workplace safety and accountability in India.
What does ICC stand for in POSH? ICC stands for Internal Complaints Committee, a mandatory workplace body under the POSH Act, 2013, responsible for handling sexual harassment complaints, conducting inquiries, and recommending appropriate employer actions.
What is She-Box in POSH? She‑Box is an online complaint portal launched by the Ministry of Women and Child Development, enabling employees to report workplace sexual harassment directly under the POSH Act, 2013 framework.
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