Sexual harassment at work is a big problem that hurts employees’ health, productivity, and the company’s reputation. The Government of India passed the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (hereinafter referred to as the “Act” or the “POSH Act”), which is also known as the POSH Act, to deal with this issue. This law requires businesses to take actions, stop and fix harassment at work before it happens. This article gives a full guide to the POSH Act in India, including what internal committees need to do, what training they need to do, how to make sure they are following the law, and how to file a complaint.
What is the POSH Act?
The POSH Act of 2013 defines sexual harassment quite broadly. It includes unwanted physical, verbal, or non-verbal sexual behaviour, requests for sexual favours, or making the workplace uncomfortable. The law covers all places of work, such as corporate offices, factories, stores, schools, NGOs, and even sites where people work from home including all types of workers, including permanent and temporary employees, interns, consultants, and domestic workers.
The Act makes ensuring that all women workers have a safe, secure, and harassment-free workplace.
Setting up an internal committee under POSH
Setting up an Internal Complaints Committee (ICC) in any business with 10 or more employees is mandatory under the POSH Act and must be done. As per the POSH Act, ICC must have the following constitution:
• A senior woman employee as the Presiding Officer.
• At least two employees who have been, in the past, dedicated to women’s rights.
• An outside member from an NGO or association that has detailed knowledge about sexual harassment law.
The ICC has the power to receive complaints under the Act, investigate the same and suggest what to do next. Not setting up an ICC may entail a fine up to Rs 50,000.
Requirement of POSH training
The Act says that all employees and managers must get POSH training. Training ensures that employees are educated about the and understand what harassment is, managers and ICC members know how to deal with complaints in a legally correct way. For ICC members to follow the POSH policy, they need to have regular awareness sessions and specialized courses.
The Act sets forth a clear process for submitting POSH related complaints. For filing a complaint an aggrieved employee has 90 days says from the date of the incident to file a written complaint with the ICC. The ICC can endeavour to settle the matter amicably, as long as no money is involved. If conciliation doesn’t work, the ICC has the option to undertake a fair investigation where all parties have an equal opportunity of being heard.
Companies that don’t abide by the POSH Act, not only have to pay fines, but they also put their reputations at danger. Today, workers want their workplaces to put dignity, safety, and inclusion first. A well-implemented POSH policy makes the culture of a business stronger, cuts down on arguments, and makes employees more trusting.
The POSH Act in India states that following the rules is not just about avoiding fines; it’s also about making the workplace safe. Every business should spend money on training, putting policies into action, and having a strong Internal Committee.
We assist businesses set up their ICC, train employees and committee members as per the POSH Act and draft policies as per applicable legislations ensuring the organization is fully compliant and ready for an audit.
POSH act compliance checklist for employers
1. Draft a POSH policy
Create a clear, gender-neutral POSH policy covering definitions, scope, complaint mechanisms, investigation process, disciplinary actions, confidentiality, and appeal procedures.
2. Include POSH policy in employment contracts
Ensure all employee contracts explicitly mention adherence to the POSH policy and consequences for violations.
3. Form an internal complaints committee (ICC)
Set up an ICC with a senior woman as presiding officer, at least two members with experience in women’s rights, and an external member from an NGO. ICC must be unbiased and confidential.
4. Conduct regular employee training
Hold regular POSH training and awareness sessions for all employees, including contractors and managers, in relevant local languages.
5. Display POSH information publicly
Put up notices about ICC members, complaint procedures, and POSH policies prominently in office reception, cafeteria, and other common areas.
6. Provide accessible complaint mechanism
Ensure the complaint process is simple, confidential, and accessible to all employees at any time.
7. Promptly investigate complaints
The ICC should investigate complaints within timelines prescribed under the Act, maintaining fairness and confidentiality.
8. Maintain records and documentation
Keep proper documentation of complaints, investigations, outcomes, and actions taken.
9. File annual POSH compliance report
Submit an annual report to the District Officer detailing the number of complaints, resolutions, trainings conducted, and compliance status.
10. Follow ICC recommendations within timeframe
Implement ICC’s recommendations on disciplinary or corrective actions within the stipulated time.
11. Ensure no retaliation against complainants
Protect complainants from any form of harassment or victimization during and after the complaint process.
12. Review and update policies regularly
Periodically review and update POSH policies, training materials, and ICC functioning for ongoing compliance and improvement.
Strengthening POSH act compliance for a safer workplace
Strong POSH Act compliance is key to making workplaces safe and respectful for everyone. Organisations should regularly check how well they follow the law, support their Internal Complaints Committee, and keep employees informed and confident to speak up. Acting early and with commitment not only meets legal requirements but also builds a trusting work culture where dignity and respect come first.
Start your POSH compliance audit today with HR Legal Experts to build a trusted, safe workplace for all.
FAQs: POSH Act in India
Workplace Harassment Law Questions
Note down what happened and when, then tell the Internal Complaints Committee (ICC) or your HR team quickly. Reporting early helps protect your rights and starts the process to fix the problem.
Employers must make clear rules against harassment, give regular training on POSH, and have an active ICC to hear complaints. This builds respect and makes the workplace safe for everyone.
Yes, the law keeps the complaint details private to protect the people involved. This stops gossip and ensures safety during the investigation.
The employee can still complain to the ICC, which includes an outside member to be fair. If not solved inside, they can take the matter to legal authorities or courts.
POSH rules are part of HR’s work, like training, handling complaints, and following company values. This helps keep the workplace respectful and harassment-free every day.
HR Legal Experts is a specialized consulting firm helping businesses stay fully compliant with labour laws and HR policies. With a proven track record of serving 500+ organizations, we deliver customized solutions in POSH compliance, employee handbooks, contracts, and regulatory documentation. Our team combines legal expertise with practical HR insights to ensure risk-free, people-first workplaces.
