Employment
What are an employer’s obligations under the POSH Act?
Under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, an employer with ten or more workers must constitute an Internal Committee, adopt and publicise a policy, display the penal consequences and Committee details, conduct awareness programmes and Committee training, inquire into complaints within the statutory timelines, provide interim relief where sought, and file an annual report with the district officer.
Key takeaways
- The Internal Committee must include an external member from an NGO or with relevant experience.
- A complaint may ordinarily be made within three months, extendable by a further three.
- The inquiry must be completed within ninety days, with the report submitted within ten days.
- Non-compliance attracts monetary penalty and, on repetition, can affect licences and registration.
Relevant law and authority
- Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
- Primary legislation.
- POSH Act, 2013, Section 4
- Constitution of the Internal Committee.
- POSH Act, 2013, Section 9
- Complaint of sexual harassment and the limitation for filing.
- POSH Act, 2013, Section 19
- Duties of the employer.
- POSH Act, 2013, Section 26
- Penalty for non-compliance.
Constituting the Internal Committee
The Committee must be headed by a woman employed at a senior level, include at least two members from among employees preferably committed to the cause of women or with legal knowledge or experience in social work, and include one external member from a non-governmental organisation or association committed to the cause of women, or a person familiar with issues relating to sexual harassment.
At least one half of the total members must be women. A separate Committee is required at each office or administrative unit where the establishment has offices at different places.
Handling a complaint
An aggrieved woman may make a written complaint ordinarily within three months of the incident, or of the last incident in a series, and the Committee may extend the period by a further three months for recorded reasons.
Where both parties request it, the Committee may attempt conciliation before initiating an inquiry, but no monetary settlement may be made the basis of conciliation. Otherwise, the Committee conducts an inquiry in accordance with principles of natural justice, and may recommend interim measures such as transfer or leave during its pendency.
The inquiry must be completed within ninety days, and the report submitted to the employer within ten days of completion. The employer must act on the recommendations within sixty days.
Ongoing employer duties
Beyond the Committee, Section 19 requires the employer to provide a safe working environment, display the penal consequences and the Committee composition conspicuously, organise regular workshops and awareness programmes, train Committee members, provide assistance if the woman chooses to file a criminal complaint, and treat sexual harassment as misconduct under the applicable service rules.
An annual report must be filed with the district officer, and the number of cases and their disposal must be included in the employer’s annual report where one is prepared.
Practical implications
- Check the Committee composition annually — resignations frequently leave it improperly constituted.
- Keep the external member appointment current and documented.
- Diarise the ninety-day inquiry clock from the date of complaint.
- Maintain confidentiality; disclosure of proceedings is separately penalised.
- File the annual return with the district officer and retain proof.
Common questions
- Does the POSH Act apply to small companies?
- The obligation to constitute an Internal Committee applies to a workplace with ten or more workers. Where an establishment has fewer, or where the complaint is against the employer itself, the aggrieved woman may approach the Local Committee constituted by the district officer. The substantive prohibition on sexual harassment is not limited by headcount.
- Can a POSH complaint and a criminal complaint run together?
- Yes. The POSH Act, 2013 expressly requires the employer to assist the aggrieved woman if she chooses to file a complaint under criminal law, and an internal inquiry does not displace the criminal process. The two proceed on different standards and for different purposes, and the internal inquiry should not be paused merely because a criminal complaint exists unless legal advice indicates otherwise on the facts.
- What happens if an employer does not comply?
- Section 26 of the POSH Act, 2013 provides for a monetary penalty for failure to constitute the Internal Committee, to act on Committee recommendations, to file the annual report, or otherwise to comply with the Act. On a repeat contravention the penalty may be doubled, and it can lead to cancellation or non-renewal of a licence or registration required to carry on business.
Related questions
Sources & editorial information
- Jurisdiction
- India
- Last reviewed
- Legal status
- Current
Primary sources
This page is general legal information about Indian law, prepared against identified legal sources. It is not legal advice and does not create a lawyer–client relationship. Apply it to your own facts only after a consultation with a qualified legal professional.
Setting up or reviewing POSH compliance?
Check Committee composition, policy, training and inquiry process against the statutory requirements.