The POSH Inquiry, Step by Step (the 90-Day Timeline)

A POSH inquiry has a hard statutory clock: the Internal Committee must complete it within 90 days of receiving the complaint, and the employer must act on the outcome within a further 60 days - understanding this sequence end to end is essential for anyone sitting on an ICC.

Key facts at a glance

• A complaint must generally be filed within 3 months of the incident, extendable by another 3 months for recorded reasons.
• The ICC must complete its inquiry within 90 days of receiving the complaint.
• The ICC submits its report to the employer within 10 days of completing the inquiry.
• The employer must act on the ICC's recommendations within 60 days of receiving the report.
• Conciliation is possible only at the complainant's request and only for non-monetary settlement.
• The ICC can recommend interim relief - such as transfer or leave - while the inquiry is still pending.
• ICC handles complaints at workplaces with 10 or more employees; a Local Committee handles smaller workplaces or unorganised-sector complaints.

Step 1: Filing the complaint

The process starts when the complainant submits a written complaint to the ICC (or Local Committee, where applicable) within three months of the incident. If there is more than one incident, the timeline runs from the last one. The ICC has discretion to extend this filing window by up to another three months if it is satisfied, for reasons it records in writing, that circumstances prevented the complainant from filing sooner.

Step 2: Optional conciliation

Before starting a formal inquiry, the ICC may, only if the complainant specifically requests it, attempt to conciliate a settlement between the parties. This route is strictly limited: it cannot involve any monetary settlement, and the ICC cannot pressure or default into conciliation on its own initiative. If conciliation is attempted and a settlement is reached, the ICC records it and no further inquiry proceeds on that matter; if not, the formal inquiry begins.

Step 3: The formal inquiry begins - the 90-day clock

Once a formal inquiry is triggered, the ICC has 90 days from the date the complaint was received to complete it. This is the statutory outer limit, not a target - the inquiry should generally move faster where possible, but 90 days is the maximum the ICC is legally allowed to take.

What happens during the inquiry

The ICC hears both parties, allows them a reasonable opportunity to present their case and supporting evidence or witnesses, and conducts proceedings in line with principles of natural justice. Confidentiality obligations apply throughout - details of the complaint, the parties involved, and the proceedings should not be disclosed outside what is legally required.

Interim relief while the inquiry is pending

At any point during the inquiry, and at the complainant's written request, the ICC can recommend interim measures to the employer. These can include transferring the complainant or the respondent, or granting the complainant leave of up to three months, aimed at preventing continued contact between the parties while the matter is being resolved.

Step 4: The report and recommendations

Within 10 days of completing the inquiry, the ICC must submit its findings and recommendations to the employer (and, in relevant cases, to the District Officer). If the complaint is found to be substantiated, the ICC recommends action against the respondent as per the organisation's service rules or applicable conduct rules; if not substantiated, it records that finding as well.

Step 5: Employer action within 60 days

The employer is then required to act on the ICC's recommendations within 60 days of receiving the report. This closes the statutory loop - an ICC finding that simply sits unimplemented defeats the purpose of the process and exposes the employer to compliance risk.

Where employers most often slip

The most common failure point is not the inquiry itself but what happens after - employers receive the ICC's report and then delay implementation past the 60-day window, often because the recommended action requires sign-off from someone outside the ICC process. Building that approval chain into the HR calendar the moment a complaint is filed, rather than after the report lands, keeps the whole sequence on track.

If you are not sure your organisation's ICC and inquiry process could withstand scrutiny on these timelines, ComplianceCheck's POSH assessment gives you a clear picture in a few minutes.

Sources

• Ministry of Women and Child Development - wcd.nic.in
• POSH Act, 2013 and POSH Rules, 2013 (consult the full text via the Ministry's portal)
• SHe-Box portal
• Relevant state Women and Child Development department

This guide is general information, not legal advice. Requirements vary by state, sector and headcount - confirm specifics with a compliance professional or the relevant authority.