Understanding
POSH Regulations
Empowering Workplaces with Safety and Fairness.
Understanding
Overview of the POSH Act, 2013
The POSH Act
Act Overview
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“POSH Act”) was enacted to ensure a safe and secure working environment for women. The Act provides a legal framework to prevent, prohibit, and address sexual harassment at workplaces. It provides a comprehensive legal framework to prevent, prohibit, and redress sexual harassment at workplaces, thereby safeguarding women’s fundamental rights to equality and protection under the Constitution.
The POSH Act applies to all organisations in India, including the public and private sector, NGOs, educational institutions, hospitals, and any workplace with 10 or more employees.
What Constitutes Sexual Harassment
Under the POSH Act, sexual harassment includes any unwelcome behaviour, whether direct or implied, such as:
- Physical contact and advances
- Demand or request for sexual favours
- Making sexually coloured remarks
- Any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature
Responsibilities of the Employer
Every employer is legally required to:
- Constitute an Internal Committee (IC) at each office or unit with 10+ employees
- Conduct regular POSH awareness training for employees and IC members
- Publish and communicate the POSH policy within the organisation
- Maintain strict confidentiality throughout the inquiry process
The POSH Act prescribes strict timelines to ensure timely justice:
POSH Procedure & Timeline
Compliance Process
Complaint filing
Within 3 months of the incident (extendable)
Inquiry period
To be completed within 90 days
Inquiry report
Submitted within 10 days of completion
Employer action
To be taken within 60 days of receiving the report
Internal Committee (IC) Formation Rules
Internal Committee (IC)
IC Guidelines
Presiding Officer
Must be a senior woman employee of the organization.
Employee Members
At least two employees committed to women’s causes.
External Member
From an NGO or an expert familiar with POSH laws.
At least 50% of IC members must be women, and the committee must be impartial and trained. IC should receive and acknowledge complaints of sexual harassment and conduct prompt, fair, and confidential inquiries. Submit an annual report to the employer and District Officer, detailing cases handled and actions taken.”