How to File a Workplace Harassment Complaint in Punjab

The Act defines harassment broadly: any unwelcome sexual advance, request for sexual favours, or other verbal or written communication or physical conduct of a sexual nature, as well as sexually demeaning attitudes, causing interference with work, creating an intimidating, hostile, or offensive work environment, or attempting to influence employment decisions such as salary, promotion, or transfer in exchange for sexual favours.

That definition is wider than many complainants expect. It covers conduct by superiors, colleagues, and clients; it does not require physical contact; and it includes patterns of demeaning behaviour, not only explicit propositions. The work environment, offices, sites, and interactions connected with employment, is what matters, not the job title of the complainant.

• Unwelcome advances or requests for sexual favours, in person or in messages
• Sexually demeaning comments, gestures, or material circulated at work
• Conditions on employment benefits linked to sexual conduct
• Conduct creating an intimidating, hostile, or offensive work environment

Every employer covered by the Act is required to constitute an inquiry committee to receive and inquire into complaints, and to display the code of conduct at the workplace. A complaint can be made in writing to this committee; where the alleged harasser is himself a member of the committee, the complaint goes to the next higher level.

The committee is obliged to conduct the inquiry according to the procedure in the Act, giving both sides an opportunity to be heard and can recommend penalties against the harasser, from minor penalties up to removal from service. The Act contemplates confidentiality for the complainant during the process.

1. 1

   Document everything

   Save messages, emails, and notes of dates, places, and witnesses while events are fresh.

2. 2

   Submit a written complaint

   Address it to the inquiry committee; keep a dated copy of whatever you submit.

3. 3

   Participate in the inquiry

   Attend the proceedings and present your evidence; you may be accompanied by counsel where permitted.

4. 4

   Review the outcome

   If the process is flawed or the penalty inadequate, the Ombudsperson route remains open and complaints can be made directly to the Ombudsperson in the first instance.

Punjab has a provincial Ombudsperson established under the Act to receive harassment complaints directly including where the employer has no functioning committee, where the complainant prefers not to use the internal process, or where the internal process fails. Complaints to the Ombudsperson are made in writing and the Ombudsperson's office inquires into the matter with the powers of a civil court.

The Ombudsperson can impose or recommend the penalties provided in the Act against the harasser, and can also address employer non-compliance, for instance, an organisation that never constituted a committee or never adopted the code of conduct. Appeals lie in accordance with the Act's scheme, so procedural discipline at the complaint stage matters.

• Complaints can be filed directly with the Ombudsperson, using the internal committee first is not a legal precondition
• The Ombudsperson office inquires with the powers of a civil court, including summoning records and witnesses
• Employers can themselves face consequences for failing to comply with the Act
• An advocate can prepare the complaint so the facts, evidence, and relief sought are framed correctly

Harassment cases turn on records. Preserving messages, emails, call logs, and contemporaneous notes is the single most valuable step a complainant can take, screenshots alone are weaker than originals with metadata where available. Witness names, even reluctant ones, are worth recording.

Retaliation, dismissal, demotion, or vindictive transfers because a complaint was made, is itself addressed within the Act's scheme, and the terms of employment cannot be altered punitively because a woman asserted her rights. Where an employer retaliates, that conduct forms part of the complaint to the Ombudsperson.

The Act places affirmative duties on employers: adopt the code of conduct, constitute the inquiry committee, display the code prominently, and hold awareness sessions. Employers who comply create workplaces where complaints are handled early and cheaply; employers who ignore the Act face Ombudsperson proceedings and reputational exposure.

Whether you are a complainant or an employer, the same principle applies: the Act rewards documented, procedure-following parties. Employers seeking to bullet-proof their compliance, and complainants seeking accountability, both benefit from early, precise legal advice.