The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, commonly called the POSH Act, applies to almost every workplace in India. Many employers know the name but are unsure what they actually have to do. This is a practical checklist for employers.

In short (Hinglish): 10 ya usse zyada employees hain to har office/branch mein Internal Committee banana, POSH policy, training aur har saal District Officer ko annual report dena zaroori hai. Na karne par ₹50,000 tak ka jurmana ho sakta hai.

Who must comply?

Every employer with 10 or more employees must constitute an Internal Committee (IC). "Employee" is defined widely and can include permanent, temporary, contract and trainee workers, and interns. Where an establishment has fewer than 10 employees, complaints go to the Local Committee set up by the District Officer, but the employer still has duties to provide a safe workplace.

1. Constitute the Internal Committee correctly

  • Presiding Officer: a woman employed at a senior level in the workplace
  • At least two members from among employees, preferably committed to the cause of women or with legal knowledge or social work experience
  • One external member from an NGO or association committed to the cause of women, or a person familiar with issues relating to sexual harassment
  • At least half of the members must be women
  • Members hold office for up to three years

An IC is needed at each office or administrative unit located at different places.

2. Adopt and publish a POSH policy

The policy should define sexual harassment, explain how to complain, name the IC members and their contact details, describe the inquiry process, protect confidentiality and prohibit retaliation. Display the consequences of sexual harassment and the IC details at a visible place in the workplace.

3. Train employees and the IC

The Act requires employers to organise awareness programmes for employees and orientation for IC members. Keep records of attendance and the material used.

4. Handle complaints within the timelines

  • A complaint is generally to be made within three months of the incident (the IC may extend this by another three months for good reason).
  • The IC may first try conciliation if the complainant requests it, though no monetary settlement can be the basis of conciliation.
  • The inquiry must be completed within 90 days.
  • The IC report is to be given to the employer within 10 days of completing the inquiry, and the employer must act on it within 60 days.

5. File the annual report

The IC prepares an annual report with the number of complaints received, disposed of and pending, and the employer submits it to the District Officer. Companies also disclose POSH compliance in their board's report.

Consequences of non-compliance

Failing to constitute an IC or to comply with the Act can attract a fine of up to ₹50,000. Repeat violations can lead to a higher penalty and even cancellation of the business licence or registration. Beyond penalties, a poorly run inquiry is often challenged in court and can expose the company to claims from both sides.

Employer checklist

  • IC constituted at every office, with an external member
  • POSH policy adopted, circulated and displayed
  • Annual awareness sessions and IC training held and recorded
  • Complaint register and confidential case files maintained
  • Annual report filed with the District Officer

The LexSphere helps employers set up and audit POSH compliance, including policy drafting, IC constitution, external member support and training. See our HR and labour compliance services.

This article is general information, not legal advice.