Workplace Sexual Harassment Lawyer in Odisha
If you face sexual harassment at your workplace in Odisha, you can file a written complaint with the Internal Committee constituted under the POSH Act 2013, generally within three months of the incident. Advocate Debarchana Samal advises complainants and employers on the complaint, inquiry, and interim relief process.
POSH Act & Workplace Law
Workplace Harassment Legal Services
A fair, well-documented Internal Committee process protects the rights of both the complainant and the respondent.
Complaint Drafting & Filing
Assisting a complainant in drafting a clear, factual written complaint for submission to the Internal Committee (IC) within the applicable timeline.
Internal Committee Guidance
Advising complainants and respondents on the Internal Committee inquiry process, including the right to be heard and present evidence.
Interim Relief Requests
Seeking interim measures during the inquiry, such as transfer, leave, or restraining contact, as permitted under the POSH Act 2013.
Local Committee Complaints
Filing complaints before the Local Committee where the workplace has fewer than ten employees or where the complaint is against the employer.
Employer POSH Compliance
Advising employers on constituting a valid Internal Committee, policy drafting, and annual reporting obligations under the POSH Act 2013.
Appeals & Court Remedies
Advising on appeal against an Internal Committee recommendation, and representation in related civil or criminal proceedings where applicable.
Frequently Asked Questions
What law governs workplace sexual harassment complaints in Odisha?
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, commonly called the POSH Act, governs such complaints. It requires every workplace with ten or more employees to constitute an Internal Committee (IC) to receive and inquire into complaints of sexual harassment.
Who can file a POSH complaint and within what time?
Any woman employee, including contractual, temporary, or visiting employees, can file a written complaint to the Internal Committee, generally within three months of the incident, extendable by the Committee for sufficient reason. Consulting a lawyer early helps ensure the complaint is properly documented within this window.
What happens during an Internal Committee inquiry under the POSH Act?
The Internal Committee conducts an inquiry giving both the complainant and respondent an opportunity to be heard, in a manner intended to be confidential and time-bound, generally within 90 days. The Committee submits its findings and recommendations to the employer, who is expected to act on them accordingly.
What if my workplace does not have an Internal Committee?
Where a workplace has fewer than ten employees, or the complaint is against the employer, a complaint can be filed with the Local Committee constituted by the district administration. Every employer with ten or more employees is legally required to have a functioning Internal Committee under the POSH Act 2013.
Can a false complaint under the POSH Act lead to action against the complainant?
The POSH Act permits action against a complaint found to be knowingly false or made with malicious intent, based on the Internal Committee's findings after due inquiry. However, a complaint that is not proved is not automatically treated as false, and any such action follows the Committee's specific recommendation and the facts established.
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Serving clients across Cuttack, Bhubaneswar, and all districts of Odisha.