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POSH (Sexual Harassment Prevention) Policy India
POSH (Sexual Harassment Prevention) Policy India
Company Name
Effective Date
Policy Owner
Approved By
Internal Complaints Committee Presiding Officer:
1. Purpose & Legal Framework
(a)This POSH Policy is established in compliance with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, and the rules framed thereunder, to provide a safe and harassment-free workplace for all employees, particularly women.
(b)This policy applies to all employees, including regular, temporary, contractual, and probationary employees, as well as any woman who visits the workplace in connection with work, and covers conduct at the workplace and any place visited in connection with work.
(c)The Organization shall constitute an Internal Complaints Committee (ICC) at each workplace in compliance with Section 4 of the Act, with a senior woman employee as the Presiding Officer and an external member from an NGO or a person familiar with issues relating to sexual harassment.
2. Definition of Sexual Harassment
(a)Sexual harassment as defined under Section 2(n) of the Act includes unwelcome sexually determined behavior such as physical contact, demand or request for sexual favours, sexually colored remarks, showing pornography, and any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature.
(b)Sexual harassment may occur between any individuals regardless of gender or hierarchical position and may take the form of quid pro quo harassment or hostile work environment harassment.
(c)Examples include unwanted touching, sexual jokes or comments, display of sexually explicit material, stalking, cyberstalking, sexually suggestive gestures, and repeated unwelcome requests for dates or social engagements.
3. Complaint Filing & Icc Procedure
(a)An aggrieved woman may file a written complaint with the Internal Complaints Committee within three months of the date of the incident, or within three months of the last incident in case of a series of incidents, which period may be extended by the ICC for reasons recorded in writing.
(b)Upon receiving a complaint, the ICC shall, before initiating an inquiry, take steps to settle the matter through conciliation at the request of the aggrieved woman, provided that no monetary settlement shall be the basis of conciliation.
(c)The ICC shall complete its inquiry within 90 days, following the principles of natural justice, and shall submit its findings and recommendations to the employer within 10 days of completion of the inquiry.
(d)During the pendency of the inquiry, the ICC may recommend interim measures including transfer of the aggrieved woman or the respondent, grant of leave, or restraining the respondent from reporting on or supervising the aggrieved woman.
4. Action on Icc Findings
(a)Where the ICC finds that the allegation of sexual harassment is proved, it shall recommend disciplinary action against the respondent in accordance with the Organization's service rules, which may include written warning, withholding of promotion, termination, or any other action deemed appropriate.
(b)The Organization shall provide a copy of the ICC's findings to both the aggrieved woman and the respondent and shall inform both parties of their right to appeal to the court or tribunal within 90 days of the recommendation.
(c)The Organization shall file an annual report with the District Officer containing the number of complaints received and disposed of, the nature of action taken, and the time taken for disposal, in compliance with Section 21 of the Act.
5. Prevention & Awareness
(a)The Organization shall conduct mandatory POSH awareness workshops for all employees at least once a year, covering the provisions of the Act, the complaint process, ICC contact details, and the consequences of sexual harassment.
(b)The Organization shall take all reasonable steps to prevent sexual harassment, including providing a safe working environment, displaying policy information prominently, and treating sexual harassment as misconduct under its service rules.
(c)This policy shall be reviewed annually to ensure continued compliance with the Act and the Rules, and any amendments to the law shall be incorporated into the policy within 30 days of their notification.
The guide
Everything you need to know about the POSH (sexual harassment prevention) policy India
What Is a POSH Policy in India?
A POSH policy implements India's Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. It defines sexual harassment, prohibits it, and establishes an Internal Committee to receive and resolve complaints. The policy sets out the complaint procedure, timelines, and protections for the complainant. It is a legal requirement for organizations with the specified number of employees and applies to all women at the workplace.
Why Companies Need a POSH Policy
The POSH Act makes a compliant policy and an Internal Committee mandatory for covered employers, with penalties for non-compliance. Beyond the legal obligation, a POSH policy protects women employees, provides a structured redressal mechanism, and demonstrates the company's commitment to a safe workplace. It reduces legal exposure, builds trust, and ensures complaints are handled fairly, confidentially, and within the timelines the law prescribes.
What a POSH Policy Should Include
Define sexual harassment in line with the Act, covering physical, verbal, non-verbal, and quid pro quo conduct. Establish the Internal Committee, its composition (including an external member), and the complaint process with statutory timelines. Explain confidentiality, interim relief, and protection against retaliation. Include awareness and training obligations, penalties for false complaints, and the annual reporting requirement. Reference the district Local Committee for smaller workplaces.
Questions about the POSH (sexual harassment prevention) policy India
Yes. Under the POSH Act, 2013, employers with ten or more employees must adopt a policy and constitute an Internal Committee to handle complaints. Non-compliance can result in fines and, for repeat offenses, cancellation of licenses or registration, so it is a firm legal requirement, not optional.
The Internal Committee must be headed by a senior woman employee and include other employee members plus at least one external member from an NGO or someone familiar with sexual harassment issues. At least half of the members should be women, ensuring balance and independence in handling complaints.
The Internal Committee should complete its inquiry within 90 days, and the employer must act on its recommendations within 60 days of receiving the report. Interim relief, such as transferring the complainant or granting leave, can be provided during the inquiry. Timelines are prescribed by the Act.
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