POSH Policy Draft — Template for Companies

POLICY ON PREVENTION OF SEXUAL HARASSMENT AT THE WORKPLACE (POSH POLICY)

[Company Name] — Effective from [Date] | Version [1.0]

Clause 1. Objective & Scope. This Policy is framed under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and its Rules, 2013, to provide a safe working environment free from sexual harassment. It applies to all employees (permanent, temporary, contractual, trainees, interns) and to visitors/clients at any workplace of the Company, including client sites, off-site events and virtual/work-from-home settings.

Clause 2. Definition of Sexual Harassment. As per Section 2(n) and Section 3 of the Act, sexual harassment includes any unwelcome act or behaviour, whether directly or by implication, such as: (i) physical contact and advances; (ii) a demand or request for sexual favours; (iii) sexually coloured remarks; (iv) showing pornography; or (v) any other unwelcome physical, verbal or non-verbal conduct of a sexual nature; and includes implied/explicit promises or threats to employment, or the creation of a hostile or intimidating work environment.

Clause 3. Internal Committee (IC). The Company has constituted an Internal Committee under Section 4 comprising: (a) a Presiding Officer — a senior woman employee; (b) not less than two members from amongst employees committed to the cause of women / with legal/social experience; and (c) one external member from an NGO/association familiar with sexual harassment issues. At least one-half of the members shall be women. Members hold office for up to three years.

Clause 4. Complaint. An aggrieved woman may make a written complaint to the IC within three months of the incident (extendable by a further three months for reasons recorded). The IC shall assist in reducing an oral complaint to writing. The identity of the complainant, respondent and witnesses shall be kept confidential (Section 16).

Clause 5. Conciliation. Before inquiry, the IC may, at the complainant's request, attempt conciliation under Section 10 (no monetary settlement as a basis). If a settlement is reached it is recorded and no further inquiry is conducted.

Clause 6. Inquiry. The IC shall complete the inquiry within 90 days, following principles of natural justice, giving both parties an opportunity to be heard and to produce evidence. The IC has the powers of a civil court for summoning witnesses and documents.

Clause 7. Interim Relief. During the pendency, the IC may recommend transfer of the complainant/respondent, grant of leave up to three months to the complainant, or restraint on the respondent from reporting on the complainant's work (Section 12).

Clause 8. Report & Action. The IC shall submit its report within 10 days of completing the inquiry. If the allegation is proved, the Company shall take action as per its service rules (warning, transfer, withholding of increment/promotion, or termination) and may direct recovery of compensation from the respondent's salary (Section 13, 15). Punishment for false/malicious complaints may also be recommended (Section 14).

Clause 9. Appeal. Any aggrieved person may appeal to the court/tribunal within 90 days of the recommendation (Section 18).

Clause 10. Prohibition of Retaliation. No person shall victimise or retaliate against a complainant or witness; such conduct is itself misconduct under this Policy.

Clause 11. Awareness & Annual Report. The Company shall organise regular awareness/training programmes, display the penal consequences of sexual harassment conspicuously, and the IC shall file an Annual Report with the District Officer, and the Company shall include the number of cases in its Directors' Report (Section 21, 22).