★ Led by CS Avik Gupta PAN India support · Offices in Delhi NCR

FAQs

Answers to common questions on the POSH Act, 2013 — the Internal Committee, complaints, inquiry, employer duties and penalties.

FAQs

Frequently Asked Questions

Have another question? Call or WhatsApp us — we are glad to discuss your requirements.

+91 80765 28319

What is the POSH Act, 2013?

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 is a law enacted to protect women against sexual harassment at the workplace and ensure a safe, secure and dignified working environment.

What is an Internal Committee (IC)?

An Internal Committee is constituted by every employer having 10 or more employees to receive and redress complaints of sexual harassment.

Who can be members of the Internal Committee?

The IC consists of a Presiding Officer (senior woman employee), at least two employee members and one External Member familiar with POSH issues. At least 50% of the members must be women.

What are employer responsibilities under the POSH Act?

Employers must constitute an IC, formulate a POSH Policy, conduct awareness programmes, train IC members, display compliance information and submit annual reports.

What are the penalties for non-compliance?

Employers may face penalties up to ₹50,000. Repeated violations may lead to higher penalties and cancellation of licences or registrations.

What is a Local Committee (LC)?

A Local Committee is constituted by the District Officer to handle complaints where the organisation has fewer than 10 employees or where the complaint is against the employer.

What is the objective of the POSH Act?

The objective of the POSH Act is to prevent sexual harassment at the workplace, prohibit such conduct and provide a legally mandated redressal mechanism.

Who is protected under the POSH Act?

The Act protects all women, irrespective of age, employment status or profession, working in public or private sector organisations.

What constitutes sexual harassment at the workplace?

Sexual harassment includes physical contact and advances, demand for sexual favours, sexually coloured remarks, showing pornography, hostile work environment and any unwelcome conduct of a sexual nature.

Who is an Aggrieved Woman?

An aggrieved woman is a woman of any age, whether employed or not, who alleges that she has been subjected to sexual harassment at a workplace.

What is considered a workplace under the POSH Act?

Offices, educational institutions, hospitals, NGOs, transport provided by the employer, work-related travel locations and even dwelling places for domestic workers are covered.

Who can file a sexual harassment complaint?

An aggrieved woman can file a written complaint within 3 months of the incident. Certain authorised persons may also file a complaint on her behalf.

What is the inquiry process under the POSH Act?

The process includes complaint review, conciliation (if requested), inquiry proceedings, hearings, confidentiality and submission of the inquiry report within 90 days.

Is conciliation allowed under the POSH Act?

Yes. At the request of the aggrieved woman, the Committee may attempt conciliation. Monetary settlement is not permitted.

What actions can be taken against the respondent?

Recommendations may include warning, apology, withholding promotion, counselling, community service, suspension or termination.

Is there a provision for appeal?

Yes. Both the complainant and respondent may appeal the decision within 90 days before the appropriate authority.

Can a POSH complaint be forwarded to the police?

Yes. Where the facts disclose a criminal offence, the complaint may be forwarded to the police under applicable law.

Is the POSH Act gender-neutral?

No. The POSH Act specifically protects women from workplace sexual harassment.

How does the POSH Act ensure accountability?

The Act mandates inquiry timelines, confidentiality, annual reporting, employer accountability, penalties and appeal rights.

Why is POSH compliance important?

POSH compliance helps create a safe, respectful and inclusive workplace while reducing legal, financial and reputational risks.

Ready to strengthen your POSH compliance?

POSH Training • IC Constitution • External Member • Audit • SHe-Box Compliance