Prevention of Sexual Harassment at Workplace: POSH Act Compliance
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) mandates every employer with 10 or more employees to constitute an Internal Complaints Committee (ICC), implement an anti-sexual harassment policy, and conduct regular awareness programmes. Non-compliance attracts penalties including fine up to ₹50,000, cancellation of business licence on repeated violation, and personal liability of the employer.
The Vishaka Guidelines (1997) laid the foundation, and the POSH Act formalised the framework. Following the #MeToo movement in India, enforcement has intensified—companies like Wipro, Infosys, and startups have faced scrutiny for inadequate POSH compliance. Every employer must take this seriously.
Internal Complaints Committee (ICC): Mandatory Constitution
ICC Composition Requirements
- • Presiding Officer: Senior woman employee. If not available, nominate from another office or workplace.
- • Members: Minimum 2 employees committed to women’s causes or with legal/social work experience.
- • External Member: At least 1 member from an NGO or association committed to women’s issues, or familiar with sexual harassment cases.
- • Women majority: At least 50% of ICC members must be women.
- • Tenure: Maximum 3 years per member. Reconstitute before expiry.
Employer Compliance Checklist
Policy and ICC
- • Draft and display POSH policy
- • Constitute ICC at every office with 10+ employees
- • Include POSH clause in employment contracts
- • Display ICC member details at conspicuous places
Training and Awareness
- • Conduct annual POSH training for all employees
- • Separate orientation for ICC members
- • Include POSH module in onboarding
- • Workshops on bystander intervention
Complaint Handling
- • Written complaint within 3 months of incident
- • Inquiry completed within 90 days
- • Report to employer within 10 days of inquiry
- • Action taken within 60 days of report
Annual Reporting
- • File annual return with District Officer
- • Include number of complaints and disposals
- • Report nature of action taken
- • Maintain records for review/audit
Key Takeaways
- ✓ ICC is mandatory for every office/branch with 10+ employees—not just headquarters
- ✓ Annual POSH training is a legal requirement, not optional HR best practice
- ✓ Complaints must be resolved within 90 days; file annual return with District Officer
- ✓ POSH applies to all women—employees, contract workers, visitors, and interns
- ✓ Penalty for non-compliance: ₹50,000 fine; repeated violation can lead to licence cancellation
Frequently Asked Questions
Does the POSH Act apply to remote workers?
Yes, “workplace” is broadly defined to include any place visited by the employee arising out of or during the course of employment, including virtual/online interactions. Harassment over video calls, emails, or messaging apps is covered.
Can men file complaints under the POSH Act?
The POSH Act specifically covers complaints by women. However, men can file complaints under the company’s internal policy or through general labour law mechanisms. Several companies have expanded their anti-harassment policies to be gender-neutral.