Sleet

POSH Act Compliance: What Every Indian Employer Must Do

Nihit Dobariya
Compliance
7 min read
Quick answer

Every employer with ten or more employees must set up an Internal Committee under the POSH Act, 2013, led by a senior woman, with at least half its members women and one external member. Complaints come within three months, the inquiry ends in 90 days and the employer acts within 60 days. File an annual report.

Business professionals engaged in a strategy meeting in a contemporary office.

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, known as the POSH Act, requires employers to provide a safe workplace. Compliance is a legal duty, and it is also a cornerstone of employee trust.

Key points covered in this guide: Who must comply, The Internal Committee, The employer's duties, Handling a complaint, Confidentiality, Penalties, Making it work in practice

Who must comply

Every employer with ten or more employees must set up an Internal Committee (IC). Smaller organisations, or those with no IC, rely on a Local Committee set up by the district authority.

Manager interviewing a new hire at an office desk
Statutory filings reward teams that review the paperwork before the deadline, not on it.

The Internal Committee

  • ✓Chaired by a senior woman employee.
  • ✓At least two employee members who are committed to the cause of women or have social work or legal knowledge.
  • ✓One external member from an NGO or association familiar with the issue.
  • ✓At least half the members must be women.

The employer's duties

  • ✓Publish a clear anti-harassment policy and display it.
  • ✓Conduct regular awareness sessions and train IC members.
  • ✓Provide a safe process for filing complaints.
  • ✓Cooperate in the inquiry and implement the recommendations.
  • ✓File an annual report with the district officer and include the details in the company's annual report.
Colleagues reviewing compliance documents in an office
Statutory filings reward teams that review the paperwork before the deadline, not on it.

Handling a complaint

A complaint should be made in writing within three months of the incident, extendable by up to three months for good reason. The IC may attempt conciliation if the complainant asks. Otherwise it conducts an inquiry that follows the principles of natural justice, and the inquiry should be completed within 90 days. The employer must act on the findings within 60 days.

Confidentiality

The identity of the complainant, the respondent and witnesses must not be made public. Breaching this can attract a penalty.

Penalties

Non-compliance, for example failure to constitute an IC, can result in a fine, and repeated violations can lead to higher penalties and cancellation of licences.

Making it work in practice

  • ✓Keep a log of training and committee meetings.
  • ✓Make sure employees know who the IC members are.
  • ✓Treat every report seriously, even when informal.
  • ✓Protect complainants from retaliation.

A policy on the wall means little unless people believe a complaint will be handled fairly.

Laws and rules evolve, and some states add requirements. Take legal advice on drafting the policy and conducting inquiries.

Nihit Dobariya

Written by

HR Manager, Airwix Technologies (Sleet)

Nihit Dobariya is the HR Manager at Airwix Technologies in Ahmedabad, where he runs HR and payroll for the team behind Sleet. He writes about payroll, PF and ESIC, professional tax, the labour codes and everyday HR practice for Indian employers, and checks each rule against the official notification before it is published.

LinkedIn profile →
← Back to all blogsBook a Founder Walkthrough