The Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act and Rules, 2013 (“Law”) mandates every Employer to “provide a safe working environment at the workplace which shall include safety from the persons coming into contact at the workplace” (Section 19 (a)).
Let us look at some of the key aspects around this act.
What is the POSH Act and its importance for employers?
The POSH Act (Prevention of Sexual Harassment Act) is a law aimed at protecting employees, especially women, from sexual harassment in the workplace. It mandates employers to create a safe, respectful, and harassment-free work environment.
Who is covered under the POSH Act?
The POSH Act covers women employees, working in any capacity, including full-time, part-time, interns, consultants, and contractual staff at any workplace.
Can the Organization's POSH Policy be Gender Neutral?
Yes, while the POSH Act specifically protects women, an organization can adopt a gender-neutral policy allowing employees of any gender to file sexual harassment complaints with the Internal Committee (IC). It is to be noted that the POSH Act allows an aggrieved woman to file a sexual harassment complaint against another woman.
However, for complaints from men or third-gender individuals, the IC cannot exercise the powers granted by the POSH Act. Instead, these cases can be addressed using the organization’s grievance redressal mechanism/code of conduct or any other specified policy.
What constitutes employer duties under the POSH Act 2013 ?
Under the POSH (Prevention of Sexual Harassment) Act, employers have several mandatory duties to ensure a safe and harassment-free workplace. Key responsibilities include:
- – Implement a POSH Policy: Employers must create and enforce a sexual harassment policy that clearly outlines the organization’s stance, procedures, and the consequences of harassment. This policy should be communicated to all employees.
- – Establish an Internal Committee (IC): Every employer must set up an IC at each office or branch with 10 or more employees to address complaints related to sexual harassment.
- – Provide Training and Awareness Programs: Employers must regularly organize sensitization programs to educate employees and ICC members on sexual harassment, the POSH Act, and their rights and responsibilities.
- – Display Information: The organization must prominently display details about the POSH Act and the contact details of the ICC members in the workplace.
- – Conduct Fair Investigations: The employer must ensure that complaints are addressed promptly and impartially, following the procedure laid out in the POSH Act.
- – Submit an Annual Report: The employer must submit an annual report to the District Officer, detailing the number of complaints received, resolved, and pending cases within the organization.
- – Protect Complainants: Employers must ensure that there is no retaliation or victimization against the complainant or witnesses involved in the complaint.
- – Take Disciplinary Action: If harassment is proven, the employer must take appropriate action, which may include penalties or disciplinary measures in accordance with company policy and legal provisions.
- – Maintain Confidentiality: Employers must ensure confidentiality regarding the identity of the complainant, the respondent, witnesses, and the proceedings.
How is sexual harassment defined under POSH Act?
According to the POSH Act, any of the following unwelcome behaviors is defined as sexual harassment:
- – Physical contact and advances.
- – Demand or request for sexual favors.
- – Making sexually colored remarks.
- – Showing pornography.
- – Any other unwelcome physical, verbal or non-verbal conduct of sexual nature.
It is also considered sexual harassment if any woman employee is subjected to any of the following:
- – Promise of preferential treatment in the employment in return of a sexual favor.
- – Threat of detrimental treatment in the employment for denying a sexual favor.
- – Threat about the present or future employment status for denying sexual favor.
- – Any behavior/act with sexual nature that interferes with an employee’s work or creates an intimidating, offensive or hostile work environment.
- – Any kind of humiliating treatment that relates to any behavior that has explicit or implicit sexual undertones. The kind of treatment that is likely to affect the health or safety of the woman employee.
What is considered a 'Workplace' under the POSH Act?
As per the POSH (Prevention of Sexual Harassment) Act, a workplace is not limited to just the office building. It includes any location an employee visits in connection with their work or during the course of their employment, including transportation arranged by the employer.
This broad definition covers:
- – Offices and establishments operated by the government or private organizations
- – Places owned or operated by individuals or self-employed professionals involved in providing goods or services
- – Accommodations provided by the employer such as hostels, guesthouses, or hotel rooms
- – Work-related social settings or events, such as team outings, dinners, or offsites
- – Virtual and digital platforms used by employees to interact, whether during or after work hours
- – Any location from which an employee is working remotely
The Act acknowledges that workplace safety extends beyond physical boundaries — encompassing all environments where professional interactions occur.
Who is considered an 'Employer' under the POSH Act?
The POSH Act defines an employer as any individual responsible for fulfilling contractual obligations toward their employees. Depending on the nature of the organization or setting, the Act outlines different definitions:
For government bodies or local authorities: The employer refers to the head of the department, organization, undertaking, establishment, enterprise, institution, office, branch, or unit, as designated by the government or relevant local authority.
For a dwelling place or household: An employer is any person or household that hires or benefits from the work of a domestic worker—regardless of the number of workers, duration of employment, nature of tasks, or type of employment arrangement.
For all other establishments (private, corporate, etc.): The employer is anyone who has responsibility for managing, supervising, and overseeing the workplace. This includes individuals, boards, or committees tasked with creating and implementing organizational policies.
Is maintaining confidentiality mandatory under the POSH act? What all should be kept mandatory?
POSH Act makes it very clear that confidentiality of the complaint and the proceedings should be maintained. As per Section 16 of the POSH Act states, ‘Prohibition of publication or making known contents of complaint and inquiry proceedings. — Notwithstanding anything contained in the Right to Information Act, 2005 (22 of 2005), the contents of the complaint made under section 9, the identity and addresses of the aggrieved woman, respondent and witnesses, any information relating to conciliation and inquiry proceedings, recommendations of the Internal Committee or the Local Committee, as the case may be, and the action taken by the employer or the District Officer under the provisions of this Act shall not be published, communicated or made known to the public, press and media in any manner: Provided that information may be disseminated regarding the justice secured to any vicitim of sexual harassment under this Act without disclosing the name, address, identity or any other particulars calculated to lead to the identification of the aggrieved woman and witnesses.’
Following information should not be made known to the public, press or media.
- – Identity of the complainant, respondent or the witnesses,
- – Inquiry proceedings
- – Conciliation details
- – Recommendations of the IC and
- – Actions taken by the employer
Anyone who violates the confidentiality provisions will be subject to penalties as per the applicable service rules. If no such service rules are in place, the employer is authorized to impose a fine of up to five thousand rupees for breaching confidentiality.
What are the compliance requirements under the POSH Act, and what does it mandate regarding the submission of the Annual Report?
Section 21(1) of the POSH Act states: “21. Committee to submit annual report.— (1) The Internal Committee or the Local Committee, as the case may be, shall in each calendar year prepare, in such form and at such time as may be prescribed, an annual report and submit the same to the employer and the District Officer.”
The report should contain the following information:
- – Number of sexual harassment complaints filed in the year.
- – Number of complaints disposed of
- – Number of cases pending for resolution for more than ninety days.
- – Nature of the action(s) taken by the employer or the district officer and
- – Number of workshops/awareness programs conducted by the employer to increase awareness about sexual harassment at workplace
Is POSH training mandatory and what are the details around same?
- – Yes, POSH training is mandatory under the POSH Act, 2013. It is required for all employees (permanent, contractual, interns, etc.) and especially for members of the Internal Committee (IC).
- – All employees must attend awareness sessions. Specialized training is also required for IC members and HR teams to handle complaints, investigations, and redressal processes appropriately
- – It’s recommended that awareness sessions for employees be conducted annually. IC members should receive more frequent and in-depth training, ideally every 6 months or as needed.
- – Difference between POSH sensitization and IC training – Sensitization is for all employees and focuses on awareness, rights, and appropriate behavior. IC training is detailed and equips IC members to handle complaints, conduct inquiries, and write reports.
- – Non-compliance can lead to penalties, including a fine of ₹50,000. Repeat offenses may result in cancellation of the organization’s business license.
What non-Compliance means under the POSH Act?
- – No formulation, implementation of sexual harassment policy and effective communication to employees on same.
- – Not setting up an Internal Complaints Committee in offices or branches with 10 or more employees.
- – Not conducting regular awareness and sensitization programs on sexual harassment and employee rights under the POSH Act.
- – Lack of action against the respondent of a sexual harassment case basis Internal Committee recommendations.
- – No action against the person for submitting a false sexual harassment complaint of or producing misleading or forged documents/evidences.
- – Non submission of the required annual report to the District Officer.
- – Disclosing the identities of the complainant, respondent, or any details of the proceedings, violating the confidentiality requirement.
What are penalties for Non-Compliance with the POSH Act ?
If an employer violates or fails to comply with any provisions of the POSH Act and its rules, a fine of up to ₹50,000 may be imposed.
For repeated offenses, the penalties increase to:
- – Twice the original fine and/or
- – Cancellation or non-renewal of the business license.
In cases that escalate to court, penalties can become significantly more severe.
What is an Internal Committee (IC)?
The IC is a mandatory body within an organization responsible for addressing and resolving complaints of sexual harassment. Organizations with more than 10 employees must establish an ICC. It must include a presiding officer (a senior woman employee), two employees, and one external member. IC’s tenure is for 3 years unless terminated before tenure completion.
Is there a need to register the Internal Committee (IC)?
Organizations in Telangana and Maharashtra must register their IC with the government.
Telangana Government’s Women and Child Development Department issued a notice that all establishments in the state of Telangana must register their IC over Shebox portal.
Similarly, Maharashtra Government’s Women and Child Development Department prescribed form and submit it to the Sub Divisional Magistrate.
How often should POSH training be conducted?
Training should be conducted at regular intervals for all employees and IC members to raise awareness of sexual harassment and the provisions of the POSH Act. Ideal interval being once a year.
What is the role of the external member in the IC, as mandated by the Act?
The external member is a third-party representative on the Internal Committee (IC) who serves as a neutral and impartial participant during inquiries. External member can be from an NGO or association committed to the cause of women or a person familiar with the issues relating to sexual harassment. This person must not have any other affiliations with the organization where empanelled.
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