What is the POSH Act?

Definition

The POSH Act — Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 — is a legislation that mandates all workplaces with 10 or more employees to establish an Internal Complaints Committee (ICC) and implement measures to prevent and address sexual harassment. The Act covers all women, including regular employees, contract workers, interns, and visitors.

Detailed Explanation

The POSH Act was enacted following the landmark Vishaka Guidelines laid down by the Supreme Court of India in 1997. It provides a comprehensive legal framework for preventing and addressing workplace sexual harassment, placing clear obligations on employers and establishing a structured redressal mechanism for complainants.

The Act defines sexual harassment broadly, encompassing five types of unwelcome behaviour: physical contact and advances, demand or request for sexual favours, making sexually coloured remarks, showing pornography, and any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature. It also recognizes quid pro quo harassment (where submission to sexual conduct is made a condition for employment decisions) and hostile work environment harassment.

Every establishment with 10 or more employees must constitute an Internal Complaints Committee (ICC) comprising a presiding officer who must be a senior woman employee, at least two employee members committed to the cause of women, and one external member from an NGO or person familiar with sexual harassment issues. The ICC must have at least 50% women members.

Upon receiving a complaint, the ICC must complete its inquiry within 90 days, following principles of natural justice. During the inquiry, the committee may recommend interim measures such as transfer, leave, or changed reporting relationships. The ICC submits its findings and recommendations to the employer, who must act on them within 60 days.

Employers must also conduct annual awareness programs, display information about the POSH Act and ICC details at conspicuous places, include POSH provisions in service rules, and file an annual report with the District Officer. Non-compliance attracts a fine of up to INR 50,000, and repeated non-compliance can result in higher penalties and cancellation of business licenses.

Key Rules

• An ICC is mandatory for every establishment or office with 10 or more employees
• The ICC must have a woman presiding officer and at least 50% women members
• One external member from an NGO or with relevant expertise must be included in the ICC
• Complaints must be filed within 3 months of the incident (extendable by 3 months)
• The ICC must complete its inquiry within 90 days of receiving the complaint
• Annual awareness training for employees is mandatory
• An annual report must be filed with the District Officer detailing complaints received and action taken

How TMS Helps

TMS provides complete POSH compliance support including ICC constitution for client premises, POSH policy drafting, employee awareness training programs, and annual reporting assistance. For contract staff deployed at client locations, TMS ensures POSH awareness during onboarding and maintains ICC structures at our own offices. We also offer external member services for client ICCs.

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