Sexual Harassment of Women at Workplace Act, 2013 (POSH)

1. Introduction

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, commonly known as the POSH Act, was enacted to ensure a safe, secure, and dignified working environment for women. The Act provides a legal mechanism for prevention, complaint, and redressal of sexual harassment at the workplace.

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2. Objectives of the Act

• Prevent sexual harassment at the workplace

• Protect women’s dignity and fundamental rights

• Provide a complaint redressal mechanism

• Promote a safe and respectful work culture

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3. Applicability

• Applicable to all workplaces:

o Government and private organizations

o Offices, factories, shops

o Educational institutions

o Hospitals, NGOs

o Work-from-home and virtual workplaces

• Covers women employees, interns, trainees, contract workers, and visitors

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4. Meaning of Sexual Harassment

Sexual harassment includes any unwelcome act or behavior, whether direct or implied, such as:

• Physical contact or advances

• Demand or request for sexual favors

• Sexually colored remarks

• Showing pornography

• Any unwelcome physical, verbal, or non-verbal conduct of a sexual nature

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5. Workplace (Definition)

Workplace includes:

• Office premises

• Any place visited during the course of employment

• Transportation provided by employer

• Virtual/digital workplaces (emails, chats, video calls)

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6. Internal Complaints Committee (ICC)

Every organization with 10 or more employees is required to establish an Internal Complaints Committee.

Composition of ICC:

• Presiding Officer – Senior woman employee

• At least 2 employee members

• 1 external member (NGO / legal expert)

• Minimum 50% women members

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7. Local Complaints Committee (LCC)

• For organizations with less than 10 employees

• For complaints against the employer

• Constituted by the District Officer

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8. Complaint Procedure

• Complaint must be made within 3 months of the incident

• Extension allowed for valid reasons

• Complaint should be in written form

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9. Inquiry Process

• Inquiry must be completed within 90 days

• Principles of natural justice to be followed

• Confidentiality must be maintained

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10. Interim Relief

During inquiry, ICC may recommend:

• Transfer of complainant or respondent

• Grant of leave up to 3 months

• Any other relief to protect the complainant

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11. Action on Inquiry Report

• ICC submits report within 10 days

• Employer must act within 60 days

• Disciplinary action may include a warning, apology, suspension, or termination

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12. False or Malicious Complaints

• Action may be taken only if malicious intent is proved

• Mere inability to prove a complaint is not punishable

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13. Employer Duties Under the POSH Act

• Create POSH policy

• Display awareness notices

• Conduct POSH training & awareness programs

• Ensure ICC functionality

• File annual POSH report

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14. Confidentiality

• Identity of parties, witnesses, and proceedings must be kept confidential

• Breach may lead to penalties

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15. Penalties for Non-Compliance

• Fine up to ₹50,000

• Repeated non-compliance may lead to:

o Higher penalties

o Cancellation of license or registration

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16. Role of HR Under POSH Act

• Draft and implement POSH policy

• Form and train ICC members

• Conduct awareness programs

• Ensure timely inquiry and compliance

• Maintain records and reports

HR Labour Law - POSH Act,2013

HR Labour Law - POSH Act,2013

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