Community › Forums › Legal Advice India › Can a Contractual Employee in a Central Government Office File a POSH Case?
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Desisonu9131.
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UUser_d109458f
PARTICIPANT
January 20, 2025 at 4:07 pmMy girlfriend works as a Data Entry Operator on a contractual basis in a central government office. She has been facing sexual harassment from an MTS colleague. We want to take action, but we have a few questions:1. Can a contractual employee in a central government office file a case under the POSH Act, 2013, or is it limited to permanent employees?
2. What is the process for filing a complaint in such offices? Does she approach the Internal Complaints Committee (ICC) even if she’s a contractual worker?
3. What steps can we take if the organisation does not act on her complaint or tries to ignore it?
4. Can she take legal action outside the organisation if the harassment persists?
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DDesisonu9131
PARTICIPANT
January 20, 2025 at 5:18 pmI am really sorry for what has happened with your girlfriend.
1. Yes tour girlfriend can file a case under the posh act.
2. Yes she can go to the ICC.
3. The organisation would constitute an abettor if it tries to ignore it making the management liable. So they wouldnโt.
4. A harassment is harassment even under the IPC.
Your girlfriend should have infact, already taken action because time delayed would tilt the balance away from you.
For any more queries feel free to send a personal message. I am an advocate and I assure you complete discretion. -
PPrimeowl5754
PARTICIPANT
January 21, 2025 at 8:14 amYes. Ask her to contact the Internal Complaints Committee head and give the complaint in writing and take an acknowledgement , Ask her to document everything and stand firm. ICC / POSH process is available for all persons working in an organisation
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