Lakshmikumaran & Sridharan Attorneys
Workplace Safety

POSH Compliance Guide

Comprehensive guide on Prevention of Sexual Harassment at Workplace - Internal Committee composition, redressal process, employer duties, and compliance requirements under the POSH Act, 2013.

10+
Employee Threshold for IC
90 Days
Inquiry Completion
₹50,000
Non-Compliance Fine
3 Months
Complaint Filing Window
What Constitutes Sexual Harassment?

Sexual harassment includes any one or more of the following unwelcome acts or behavior (whether directly or by implication):

  • Physical contact and advances
  • A demand or request for sexual favours
  • Making sexually coloured remarks
  • Showing pornography
  • Any other unwelcome physical, verbal or non-verbal conduct of sexual nature

Implied circumstances include:

Promise of preferential treatment, threat of detrimental treatment, interference with work, creating intimidating/hostile work environment, or humiliating treatment affecting health/safety.

Internal Committee (IC) Composition

Every employer with 10+ employees must constitute an IC at each workplace
1

Presiding Officer

Mandatory

A woman employed at senior level (or if not available, from another establishment or as prescribed)

2

Internal Members

Mandatory

Not less than 2 members from amongst employees preferably committed to the cause of women or having legal knowledge/experience in social work

3

External Member

Mandatory

One member from an NGO or association committed to the cause of women or a person familiar with issues relating to sexual harassment

Note: At least half of the IC members must be women. The Presiding Officer and every member hold office for a period not exceeding 3 years.

Redressal Process & Timeline

1

Complaint Filing

Within 3 months of incident (extendable by 3 months)

Written complaint to IC by aggrieved woman

2

Conciliation (Optional)

IC may attempt settlement if requested by complainant

3

Inquiry Initiation

Within 7 days of complaint/failed conciliation

IC to commence inquiry proceedings

4

Inquiry Completion

Within 90 days of complaint

IC to complete inquiry and submit report

5

Action by Employer

Within 60 days of IC report

Employer to act on IC recommendations

POSH Redressal Process Flow
Visual representation of the complaint handling and resolution process
Standard Step
Successful Outcome
Decision Point
Termination/Penalty
POSH Complaint Timeline
Key deadlines for handling sexual harassment complaints
Urgency:
Standard
Important
Urgent
Critical
1

Complaint Filing

Written complaint to IC by aggrieved woman

Within 3 months
90 days from incident
2

Conciliation Attempt

IC may attempt settlement if requested by complainant

No statutory deadline
As needed
3

Inquiry Initiation

IC to commence inquiry proceedings

Within 7 days
7 days from complaint/failed conciliation
4

Inquiry Completion

IC to complete inquiry and submit report

Within 90 days
90 days from complaint
5

IC Report to Parties

IC must provide findings to employer and both parties

Within 10 days
10 days after inquiry completion
6

Employer Action

Employer must act on IC recommendations

Within 60 days
60 days from receiving IC report
7

Appeal Window

Either party may appeal to court/tribunal

Within 90 days
90 days from IC recommendation
Calculate Your POSH Deadlines
Enter the complaint receipt date to see all compliance deadlines

Select a start date above to calculate all compliance deadlines

Employer Duties & Obligations
  • Constitute Internal Committee at all workplaces with 10+ employees
  • Display penal consequences of sexual harassment at conspicuous places
  • Organize workshops and awareness programs on POSH
  • Provide assistance to complainant if she chooses to file criminal complaint
  • Treat sexual harassment as misconduct under service rules and initiate action
  • Monitor timely submission of annual reports by IC
  • Provide safe working environment with support during inquiry
  • Ensure IC members are trained on conducting inquiries
Penalties & Consequences
OffensePenalty
Non-compliance with POSH Act provisionsFine up to ₹50,000Sec. 26(1), POSH Act 2013
Repeated non-complianceDouble the punishment and/or cancellation of license/registrationSec. 26(2), POSH Act 2013
Sexual harassment (criminal)Imprisonment up to 3 years and/or fine under IPC Section 354ASec. 354A, IPC 1860
False/malicious complaintAction as per service rules (same as for sexual harassment)Sec. 14, POSH Act 2013
POSH Compliance Checklist
  • IC constituted with proper composition
  • IC members trained on inquiry procedures
  • POSH policy drafted and communicated
  • Penal consequences displayed at workplace
  • Awareness programs conducted annually
  • Annual report filed with District Officer
  • Safe working environment maintained
  • Complaint mechanism accessible to all
Related Topics
Employee Exits & TerminationIndustrial Relations CodeHR Policy Updates

Frequently Asked Questions

Any aggrieved woman can file a complaint. This includes regular employees, contract workers, temporary staff, interns, and even visitors to the workplace. The complaint can be filed by the woman herself or by her legal heir in case of her physical or mental incapacity or death.

The Local Committee handles complaints from establishments with less than 10 employees, and complaints against the employer himself. It is constituted by the District Officer and functions similarly to the Internal Committee.

The Act requires a written complaint from the aggrieved woman, so anonymous complaints are not formally covered under the statutory framework. However, employers may have internal mechanisms to receive anonymous reports for awareness purposes.

The IC may recommend: (a) transfer of the aggrieved woman or the respondent, (b) granting leave to the aggrieved woman up to 3 months, (c) restraining the respondent from reporting on or appraising the work of the aggrieved woman, or (d) any other appropriate relief.

Discuss this topic with our Employment Law team