POSH Act 2013: Everything Employers and HR Teams Need to Know

What is the POSH Act, 2013?

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 protects women from sexual harassment at work and creates a structured mechanism for prevention and grievance redressal. It came into effect on 9 December 2013.

The Act applies across private companies, government offices, hospitals, educational institutions, NGOs and other workplaces. Its practical reach also extends to work travel, client locations, virtual meetings and work-related communication channels.

Objectives of the POSH Act

• Prevent sexual harassment in workplaces
• Protect women employees and visitors
• Establish a structured complaint redressal mechanism
• Promote a safe and inclusive work environment
• Ensure employer accountability and compliance

What qualifies as sexual harassment?

Sexual harassment is any unwelcome sexual behaviour. The context and impact on the aggrieved woman matter, and the conduct may happen inside or outside a traditional office when it is connected to work.

• Physical contact or advances
• A demand or request for sexual favours
• Sexually explicit statements or jokes
• Showing pornography or sexually explicit material
• Unwelcome verbal or non-verbal conduct of a sexual nature
• Conduct that creates a hostile, intimidating or offensive work environment

Who does the Act apply to?

The framework covers permanent employees, contract workers, interns, trainees, consultants and women visiting the workplace. A workplace can include the office, work events, official travel, client sites, transport arranged by the employer and remote or digital work settings.

• Private companies and corporate organizations
• Government departments
• Educational institutions and universities
• Hospitals and healthcare organizations
• NGOs and non-profit organizations
• Startups, small businesses and hybrid teams

Internal Committee: a mandatory requirement

Every organization with 10 or more employees must establish a functioning Internal Committee (often called the ICC or IC) to receive and inquire into complaints.

• Presiding Officer: a senior woman employee
• Two internal members who understand women's rights, social work or legal knowledge
• One external member from an NGO, association or person familiar with issues relating to sexual harassment
• The external member brings independence and neutrality to the process

When does the Local Committee handle a complaint?

For workplaces with fewer than 10 employees, the Local Committee established by the district administration handles complaints. It also handles a complaint when the allegation is against the employer.

Employer responsibilities under POSH

1. Provide a workplace free from discrimination and harassment.
2. Constitute a functioning Internal Committee for every office or branch with 10 or more employees.
3. Display the policy, committee details and consequences of sexual harassment prominently.
4. Conduct regular awareness programs for employees and orientation for committee members.
5. Support inquiries by making witnesses, records and documents available.
6. Maintain confidentiality at every stage and prevent retaliation.
7. Include required compliance information in annual reporting and Board's Report disclosures.
8. Keep committee details and processes ready for digital reporting and SHe-Box registration where applicable.

Sample policy language

A useful policy should use plain language and cover office locations, remote work, client sites, offsites, travel, emails, chats, calls, video meetings and other work platforms. It should promise a fair, confidential and time-bound process, explain reporting channels and clearly prohibit retaliation.

Complaint procedure and timelines

1. Filing a complaint: The aggrieved woman generally submits a written complaint to the Internal Committee within three months of the incident or the last incident in a series. The committee may extend this by up to another three months for recorded reasons.
2. Conciliation: The complainant may request conciliation before a formal inquiry. A monetary settlement cannot be the basis of conciliation.
3. Inquiry: The committee should complete the inquiry within 90 days while giving both parties a fair opportunity to be heard.
4. Employer action: The employer should act on the committee's recommendations within 60 days.
5. Appeal: Either party may appeal through the applicable legal channels within the prescribed period.

Annual disclosures and recent updates

The 2025–2026 compliance environment places greater emphasis on transparency. Organizations should maintain accurate counts of complaints received, complaints resolved and cases pending beyond 90 days for required annual and Board's Report disclosures. Organizations are also encouraged to keep their Internal Committee details updated on the centralized SHe-Box portal where applicable.

Best practices for a safer workplace

• Run awareness training more than once a year and give committee members role-specific orientation.
• Keep the policy short, visible and easy to understand.
• Offer reporting channels through the committee, HR, email and a secure online form.
• Restrict access to complaint records and remind everyone about confidentiality.
• Review committee composition, training completion and response timelines annually.
• Track complaints and reporting without revealing the identity of parties or witnesses.

Penalties for non-compliance

Failure to comply can lead to financial penalties, increased consequences for repeat violations, legal action and reputational damage. Repeated or serious violations may also affect business registrations or licences under applicable law. Compliance is therefore both a legal responsibility and a foundation for employee trust.

Frequently asked questions