POSH Compliance

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, popularly known as the POSH Act, is India’s primary legislation aimed at ensuring safe, dignified, and harassment‑free workplaces for women. It came into force on 9 December 2013, following years of advocacy, judicial intervention, and the need for a statutory framework beyond the Vishaka Guidelines issued by the Supreme Court. It applies to all workplaces across India, including the public and private sectors, organized and unorganized establishments, NGOs, hospitals, educational institutions, and even places visited by employees during the course of work.

Sexual harassment includes any one or more of the following unwelcome acts or behavior (whether directly or by implication):

• Physical contact and advances
• A demand or request for sexual favours
• Making sexually coloured remarks
• Showing pornography
• Any other unwelcome physical, verbal or non-verbal conduct of sexual nature

Implied circumstances include:

Promise of preferential treatment, threat of detrimental treatment, interference with work, creating intimidating/hostile work environment, or humiliating treatment affecting health/safety.

Every employer with 10+ employees must constitute an IC at each workplace

1 - Presiding Officer

Mandatory

A woman employed at senior level (or if not available, from another establishment or as prescribed)

2 - Internal Members

Mandatory

Not less than 2 members from amongst employees preferably committed to the cause of women or having legal knowledge/experience in social work

3 - External Member

Mandatory

One member from an NGO or association committed to the cause of women or a person familiar with issues relating to sexual harassment

Note: At least half of the IC members must be women. The Presiding Officer and every member hold office for a period not exceeding 3 years.

• Within 3 months of incident (extendable by 3 months)
• Written complaint to IC by aggrieved woman

• IC may attempt settlement if requested by complainant

• Within 7 days of complaint/failed conciliation
• IC to commence inquiry proceedings

• Within 90 days of complaint
• IC to complete inquiry and submit report

• Within 60 days of IC report
• Employer to act on IC recommendations

• Constitute Internal Committee at all workplaces with 10+ employees
• Display penal consequences of sexual harassment at conspicuous places
• Organize workshops and awareness programs on POSH
• Provide assistance to complainant if she chooses to file criminal complaint
• Treat sexual harassment as misconduct under service rules and initiate action
• Monitor timely submission of annual reports by IC
• Provide safe working environment with support during inquiry
• Ensure IC members are trained on conducting inquiries

Complaint Filing

• Written complaint to IC by aggrieved woman
• Within 3 months
• 90 days from incident

• IC may attempt settlement if requested by complainant
• No statutory deadline

• IC to commence inquiry proceedings
• Within 7 days
• 7 days from complaint/failed conciliation

• IC to complete inquiry and submit report
• Within 90 days
• 90 days from complaint

• IC must provide findings to employer and both parties
• Within 10 days
• 10 days after inquiry completion

• Employer must act on IC recommendations
• Within 60 days
• 60 days from receiving IC report

• Either party may appeal to court/tribunal
• Within 90 days
• 90 days from IC recommendation