POSH Act explained: this guide covers what POSH Act means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013 (POSH Act) makes it mandatory for organizations to prevent and address sexual harassment at the workplace. It was enacted following the Vishaka v. State of Rajasthan (1997) Supreme Court guidelines.
Definition of Sexual Harassment
Sexual harassment includes unwelcome acts or behaviour (direct or implied) such as:
- Physical contact and advances
- Demand or request for sexual favours
- Making sexually coloured remarks
- Showing pornography
- Any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature
These behaviors also include: implied or explicit promise of preferential treatment, threat, intimidation, creation of hostile work environment, or humiliating treatment affecting dignity.
Applicability
- All employers with 10 or more employees (not just permanent employees)
- Protects women employees including temporary, ad-hoc, domestic workers, contract workers
- Covers both physical and virtual/online workplace environments
- Extended to unorganized sector through Local Complaints Committee (LCC)
Internal Complaints Committee (ICC)
Every employer with 10 or more employees must constitute an ICC:
| Member | Requirement |
|---|---|
| Presiding Officer | Senior woman employee; if not available, nominated from another office/unit |
| Employee Members | Minimum 2 members from employees (preferably committed to women's issues) |
| External Member | From NGO/association committed to women's issues or person familiar with such issues |
| Composition | Minimum 50% members must be women |
| Tenure | 3 years (for all members) |
Inquiry Process
- Complaint filing: Written complaint within 3 months of incident (extendable by 3 months for exceptional reasons)
- Acknowledgment: ICC must acknowledge within 7 days
- Conciliation: If requested by complainant, ICC can attempt conciliation (no monetary settlement in conciliation)
- Inquiry: If conciliation fails or not requested, formal inquiry initiated; respondent given copy of complaint
- Completion: Inquiry must be completed within 60 days
- Report: ICC submits inquiry report with recommendations to employer within 10 days of inquiry completion
- Employer Action: Employer must act on ICC recommendations within 60 days
Interim Relief
During pending inquiry, the complainant can request interim measures:
- Transfer of complainant or respondent to a different department/unit
- Grant of leave to complainant up to 3 months (paid)
- Restraint on respondent from reporting on complainant's work
Employer Obligations (Section 19)
- Display notice of POSH provisions at workplace
- Organize awareness programs and sensitization workshops
- Provide safe working environment
- Treat ICC proceedings as confidential
- Include POSH compliance in Annual Report
- File annual report to District Officer (Form D)
Annual Report to District Officer
Every employer must file an annual report with the District Officer (under Department of Labour) containing:
- Number of complaints received
- Number of complaints disposed of
- Number of cases pending as on year end
- Details of workshops, awareness programs conducted