POSH Act 2013 — Complete Compliance Guide for Indian Employers

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 — the POSH Act— obligates every workplace in India to prevent and redress sexual harassment of women. It came into force on 9 December 2013 and codifies the Supreme Court's landmark Vishaka v. State of Rajasthan guidelines from 1997.

It applies to all workplaces — private companies, government offices, factories, hospitals, educational institutions, NGOs and the unorganised sector — and covers regular, contractual, temporary and daily-wage employees, interns, volunteers and visitors.

Every employer with 10 or more employees must:

• Constitute an Internal Complaints Committee (ICC) at every office with 10+ employees.
• Display the consequences of sexual harassment and the ICC members' names prominently at the workplace.
• Conduct regular awareness programmes and ICC member orientation.
• File a Section 21 annual report with the District Officer.

Workplaces with fewer than 10 employees are covered by a district Local Complaints Committee (LCC).

Under Section 4, the ICC must include:

• A Presiding Officer — a senior-level woman employee.
• At least two employee members, preferably committed to women's causes or with a legal/social-work background.
• One mandatory External Member — from an NGO/association familiar with sexual-harassment issues, or a person with a relevant legal background.

At least 50% of ICC members must be women. Members serve a maximum 3-year term and may be re-appointed.

• Section 19(c) — organise workshops and awareness programmes at regular intervals for all employees.
• Section 19(d) — organise orientation programmes for ICC members on complaint handling.

The Act prescribes no specific format — online, in-person or blended all qualify. What matters for audits is verifiable proof of completion for every employee, which WorkRight provides via interactive training with auto-issued certificates.

• Complaint window: 3 months from the incident (extendable by 3 more months on valid grounds).
• Conciliation:the ICC may attempt it on the complainant's request — not as a substitute for inquiry.
• Inquiry: the ICC must complete it within 90 days.
• Employer action: within 60 daysof the ICC's recommendation.
• Appeal: either party may appeal within 90 days.
• Confidentiality (Section 16): identities and proceedings cannot be made public — breach attracts a fine up to ₹5,000.

Each calendar year the ICC must prepare and submit an annual report to the employer and the District Officer, covering complaints received, disposed of, pending beyond 90 days, awareness programmes carried out and action taken. Failing to file it is itself a Section 26 non-compliance.

• First offence: fine up to ₹50,000.
• Repeat offence: penalty doubles; licence or registration may be cancelled.
• Civil/reputational risk: surfaces in due-diligence, vendor audits and investor reviews.

1. Constitute the ICC with the right composition and external member.
2. Adopt a written POSH policy and circulate it to all employees.
3. Display ICC details and consequences of harassment at the workplace.
4. Train every employee — including new joiners — at regular intervals.
5. Run a separate orientation for ICC members.
6. Maintain confidential records of complaints and inquiries.
7. File the Section 21 annual report.
8. Refresh training and policy annually.

WorkRight automates steps 2, 3, 4, 5, 6 and 7 — see the POSH and combined plans.