POSH Act, 2013 · SHe-Box

POSH Act & SHe-Box Guide

The POSH Act, 2013 in plain language — sexual harassment, workplace, Internal & Local Committee, employer duties, complaints, interim relief, penalties and the SHe-Box portal.

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Understanding the law

What is sexual harassment?

Any one or more of the following unwelcome acts or behaviours, whether directly or by implication:

Physical contact and advances
A demand or request for sexual favours
Making sexually coloured remarks
Showing pornography
Any other unwelcome physical, verbal or non-verbal conduct of sexual nature
Implied or explicit promise of preferential treatment in her employment
Implied or explicit threat of detrimental treatment in her employment
Implied or explicit threat about her present or future employment status
Interference with her work or creating an intimidating, offensive or hostile work environment
Humiliating treatment likely to affect her health or safety

Wide coverage

What is a workplace?

Any department, organisation, undertaking, establishment, enterprise, institution, office, branch or unit established, owned, controlled or wholly / substantially financed by the appropriate Government, local authority, Government company, corporation or co-operative society
Any private sector organisation, institution, establishment, society, trust, NGO or professional, vocational, educational, entertainment, industrial, health services or financial activity
Hospitals or nursing homes
Sports institutes, stadiums, sports complexes or competition / games venues
Any place visited by the employee during the course of employment, including transportation provided for such journey
A dwelling place or a house

Who handles complaints

Internal Committee (IC) & Local Committee (LC)

Internal Committee (IC)

Every workplace with 10 or more employees shall constitute an Internal Committee.

Key responsibilities of the IC

Receiving complaints: of sexual harassment from employees.
Conciliation report: in case of settlement, record it, forward it to the employer and give copies to both parties.
Inquiry process: conduct a fair and timely inquiry within 90 days.
Recommendations: submit findings and recommendations to the employer for appropriate action.
Confidentiality: maintain strict confidentiality throughout the process.
Annual reports: prepare annual reports as prescribed under Rule 14 and submit them to the employer and District Officer.

Local Committee (LC)

The LC is constituted by the District Officer (usually the DM / ADM / DC) of the district to receive complaints where:

the IC has not been constituted, or
the workplace has fewer than ten workers, or
the complaint is against the employer.

Employer obligations

Key responsibilities of employers

Formulate a POSH policy

against sexual harassment and implement it.

Establish an IC

where there are 10 or more employees.

Separate IC

at each location where offices / administrative units are located at different places.

Awareness programmes

organise workshops on the Act and consequences of sexual harassment.

Orientation of IC

regular capacity building of IC members.

Display information

the POSH policy, IC member details and consequences of sexual harassment must be displayed prominently.

Act on IC / LC recommendations

(including interim measures) within 60 days of receipt of the inquiry report.

Penalty for disclosing

contents of complaint and inquiry proceedings: ₹5,000 recoverable from such person.

For every employee

Key things to know under the POSH Act

Right to a Safe Workplace
- Employers are legally bound to provide a safe, secure and dignified workplace.
- The aggrieved woman has the right to seek help from the IC.
Filing a Complaint
- Written complaint within 3 months of the incident (extendable by a further 3 months).
- Filed with the IC, or the LC if no IC exists.
- Assistance in writing the complaint can be provided.
Inquiry Process
- IC / LC must complete the inquiry within 90 days.
- Conducted on principles of natural justice, with confidentiality.
Interim Reliefs
- Transfer of herself or the respondent.
- Leave up to 3 months (in addition to regular leave).
Outcomes & Penalties — if harassment is proven
- Written apology; warning, reprimand or censure.
- Withholding of promotion / increment.
- Termination of employment.
- Monetary compensation to the aggrieved woman.

False or malicious complaints may also attract action.

Digital platform for the POSH Act

SHe-Box Portal

Sexual Harassment Electronic Box — a digital platform giving women a safe, accessible and transparent way to lodge complaints of sexual harassment at the workplace.

shebox.wcd.gov.in

Get SHe-Box on-boarding help

Single-window access for all women, irrespective of sector or employment status.
Effective monitoring reporting authorities can oversee implementation and compliance.
Support & training a resource hub for training material and information on rights and procedures.
Multi-lingual support for an easier, more inclusive experience.
Automatic forwarding of complaints to the concerned IC or LC chairperson.
Real-time tracking of complaint status and action taken.
Confidentiality a secure mechanism for reporting.
Compliance facilitation workplaces can upload details of IC and LC members, annual reports, and details of awareness / training programmes.

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