POSH Policy in India: Complete Guide to Compliance, Complaint Process and Employer Duties

The workplace should be a safe and respectful environment for everyone. However, increasing incidents of sexual harassment led to the introduction of strong laws in India to protect women at work. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013—popularly known as the POSH Act—lays down detailed rules to prevent, report and address sexual harassment complaints.

This guide explains the POSH Policy requirements, applicability, complaint procedure, ICC formation, LGBTQ+ considerations, inquiry process and employer responsibilities. For support with drafting POSH policies or implementing compliance, visit:
Employment & Labour Law Services – Lawspicious.

What Is the POSH Act?

The POSH Act was enacted to protect women from sexual harassment at the workplace. It recognises that harassment violates the fundamental rights of dignity, equality and the freedom to work. The Act was also influenced by the Supreme Court’s landmark judgment in Vishaka & Others vs. State of Rajasthan (1997), which outlined early guidelines for workplace safety.

The Act covers prevention, prohibition and redressal of sexual harassment, and requires every employer to set up mechanisms to ensure women feel safe at their workplace.

Applicability of POSH Policy

A POSH Policy is mandatory for all organisations—public or private—with 10 or more employees. It applies to:

• Full-time employees
• Part-time workers
• Contract staff
• Interns and trainees
• Visitors, customers and clients (if harassment occurs at the workplace)

The organisation must clearly define the complaint process and ensure proper implementation.

How to File a POSH Complaint?

Under Section 9 of the POSH Act:

• A woman must file a written complaint with the Internal Complaints Committee (ICC) within 3 months of the incident.
• The ICC can extend this period by another 3 months if justified.

In case of anonymous complaints, although the Act does not mandate action, companies may still conduct internal checks to encourage a safe environment. A supportive culture helps employees speak up without fear.

Before the inquiry begins, the complainant may opt for conciliation, but no monetary settlement is allowed in conciliation.

Key Points to Remember While Filing a Complaint

• If conciliation is refused, the respondent must submit a written response within 10 days.
• The policy must specify who may file on behalf of the aggrieved woman in cases of physical or mental incapacity.
• The ICC must maintain confidentiality throughout the process.

For support in drafting workplace policies and compliance frameworks, visit:
Corporate Governance Services.

What Should a POSH Policy Include?

A good POSH Policy must include:

• Zero-tolerance statement against sexual harassment
• Scope and applicability
• Definitions such as sexual harassment, aggrieved woman, respondent, employer, employee and workplace
• The complaint process and timelines
• Inquiry procedure and rights of both parties
• Roles and responsibilities of the ICC
• Consequences of false complaints (as per the Act)
• Interim relief options under Section 12

POSH Act and the LGBTQIA+ Community

The POSH Act currently protects only women. It is not gender-neutral in its present form. However, companies may willingly adopt gender-inclusive POSH policies that extend protection to LGBTQIA+ employees.

The Supreme Court, in recent cases, has encouraged broader protection through internal workplace regulations but has not amended the statute. Organisations are free to frame gender-neutral policies even though the Act itself is not gender-neutral.

Internal Complaints Committee (ICC) – Mandatory Composition

Every employer with at least 10 employees must set up an ICC with:

• A woman Presiding Officer in a senior position
• At least two internal members dedicated to women’s welfare or experienced in social work
• One external member from an NGO or organisation familiar with women’s rights
• Minimum 50% women representation in the committee

The ICC must operate independently and follow a fair, unbiased and timely inquiry process.

Process After Receiving a Complaint

• Maintain complete confidentiality
• Explain the inquiry process to both parties
• Review the written complaint and supporting evidence
• Request the respondent’s written reply
• Examine witnesses, if required
• Complete the inquiry within the prescribed period
• Submit a detailed report to the employer within 10 days of concluding the inquiry

Interim Reliefs Available During the Inquiry

Under Section 12 of the POSH Act, the ICC may recommend:

• Transfer of either party
• Up to 3 months of leave for the complainant
• Restricting the respondent from supervising or reporting on the complainant’s work
• Adjusting reporting structures to prevent further harassment

The employer is legally required to implement the ICC’s recommendations.

Actions if the Complaint Is Proven True

If the ICC finds the respondent guilty, the employer may:

• Issue a written apology
• Order counselling or behavioural training
• Impose fines or salary deductions
• Modify work roles or transfer
• Suspend or terminate employment

In severe cases, the matter may also lead to criminal action under the Indian Penal Code.

For legal representation in workplace disputes, visit:
Litigation Services – Lawspicious.

Consequences for Filing a Malicious Complaint

If a complaint is found to be false or filed with malicious intent, the employer may take appropriate disciplinary action, but only after following due process.

Right to Appeal

Both the complainant and respondent can appeal the ICC’s decision within 90 days of receiving the report.

Conclusion

The POSH Act aims to ensure the workplace remains safe, dignified and respectful for women. Employers must actively enforce the Act by forming an ICC, publishing a clear POSH Policy, organising awareness programs and acting promptly on complaints.

If your organisation needs help drafting a POSH Policy, conducting training or handling POSH inquiries, the team at Lawspicious is ready to assist.

Contact us here:
Contact Lawspicious.