Workplace Harassment: POSH Act Guide

The Prevention of Sexual Harassment (POSH) Act, 2013, protects women from sexual harassment at all workplaces — offices, factories, schools, hospitals, shops, and government departments, and even during work-related travel.

Who Is Covered?

• Permanent or temporary employees
• Contractual workers, consultants
• Interns, trainees, volunteers
• Visitors or clients present at the workplace

What Counts as Sexual Harassment?

• Unwanted physical contact or advances
• Requests or demands for sexual favours
• Sexually coloured remarks or jokes
• Displaying sexual content
• Any act that makes the workplace intimidating, hostile, or unsafe

Employer Responsibilities

• Establish an Internal Complaints Committee (ICC) for workplaces with ≥10 employees
• Display POSH Act details and complaint procedures
• Organise awareness/training programmes.
• Act promptly on complaints

How to File a Complaint

• Written Complaint: Submit to ICC within 3 months of the incident
• Inquiry: ICC conducts inquiry and submits report within 90 days
• Action: If harassment is proven, the employer may warn, suspend, terminate, or impose compensation on the perpetrator

Penalties for Non-Compliance

• Fine up to ₹50,000
• Heavier fine for repeated violations
• Possible cancellation of business licence

FAQs – POSH Act Simplified

What is the POSH Act?

Law to protect women from sexual harassment at workplaces.

Who can file a complaint?

Any woman employee, intern, trainee, visitor, or client facing harassment.

Does it apply to men?

No. Men may be covered by internal policies, not POSH.

What counts as harassment?

Physical advances, sexual remarks, requests for favours, and an unsafe environment.

What is ICC?

The Internal Complaints Committee is to receive and investigate complaints.

Who are ICC members?

Senior woman employee (presiding), 2 other employees, 1 external member (NGO/legal).

Time to file a complaint?

Within 3 months, extendable to 6 months for valid reasons.

Can a complaint be verbal?

Must be written; ICC helps draft if complainant cannot write.

What happens after filing?

Inquiry, evidence collection, hearings, report within 90 days.

What if harassment is proven?

Warning, suspension, termination, or compensation may be imposed.

Can I request leave/transfer during an inquiry?

Yes, ICC can recommend a temporary transfer or paid leave (≤3 months).

Workplaces with fewer than 10 employees?

File with the Local Complaints Committee (LCC) at the district level.

Is POSH training mandatory?

Yes, for all employees and ICC members.

Employer ignores complaint?

Fine up to ₹50,000; heavier penalties for repeated non-compliance.

Is remote work/online harassment covered?

Yes, it includes harassment via calls, emails, and chats.

Can a criminal case be filed?

Yes, independent of the POSH complaint; criminal action is possible.

False complaint?

ICC can act against the complainant if knowingly false.

Confidentiality?

Both parties' identities must be kept confidential by law.

House help coverage?

Yes, one can file a complaint with LCC.

No ICC in the organisation?

The employer is violating the law; penalties and licence cancellation are possible.