How Employers Should Handle POSH Compliances to Stay Penalty-Free

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 — commonly known as the POSH Act — was enacted to protect women from sexual harassment and to provide a safe and secure work environment. The Supreme Court made it mandatory for all organizations, whether public or private, to establish a redressal mechanism.

Key Features of the POSH Act

• Definition of Sexual Harassment: Covers unwelcome physical, verbal, or non-verbal sexual conduct, including advances, requests for favors, remarks, or showing pornography.
• Internal Committee (IC): Every office/branch with 10+ employees must set up an IC to receive complaints and conduct inquiries.
• Confidentiality: Protects the identity of complainants, respondents, and witnesses.
• Protection Against Retaliation: Safeguards victims from adverse consequences of filing a complaint.
• Penalties: Non-compliance may attract a fine of up to ₹50,000. False or malicious complaints can also invite action.

Compliance Requirements

• Draft and circulate a formal POSH policy.
• Constitute an Internal Committee (IC) with an external member.
• Conduct awareness and training sessions for employees and IC members.
• Display policy and IC details at prominent locations.
• Submit an annual POSH report to the District Officer.

Role of the Internal Committee (IC)

If an inquiry finds the respondent guilty, the IC recommends disciplinary actions such as an apology, warning, withholding promotions, counselling, community service, or termination. If allegations are false and malicious, the IC may suggest action against the complainant. Employers must implement recommendations within 60 days, while respondents can appeal within 90 days.

How Karma Management Can Help

Karma Management Global Consulting Solutions Pvt. Ltd., based in Santacruz, Mumbai, is among the top compliance solution providers, with expertise in setting up POSH frameworks across India. We can assist with policy drafting, IC constitution, external member support, training, and reporting compliance.

For assistance, write to mudra@karmamgmt.com