No, a company cannot legally ignore a POSH complaint in India. Every employer is required to address complaints of sexual harassment at the workplace in accordance with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act).
Key points:
- Mandatory action: An employer must acknowledge and act upon a valid POSH complaint instead of ignoring or dismissing it without inquiry.
- Internal Committee (IC): Organizations with 10 or more employees are generally required to constitute an Internal Committee to receive and investigate complaints of workplace sexual harassment.
- Fair inquiry: The complaint must be investigated in a fair, impartial, and confidential manner, giving both parties an opportunity to present their case.
- Time-bound process: The inquiry should be completed within the timelines prescribed under the POSH Act, and the employer must act on the Committee's recommendations.
- Consequences for non-compliance: If an employer fails to comply with the POSH Act, they may face legal consequences, including penalties and other actions as provided under the law.
- Further remedies: If the employer fails to act or does not constitute an Internal Committee where required, the complainant may approach the appropriate Local Committee or other competent authority, depending on the circumstances.
