POSH Act, 2013

What is POSH Act, 2013?

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, known as the POSH Act, makes it mandatory for every employer with 10 or more employees to constitute an Internal Committee (IC). The IC must have at least 4 members: a senior woman as Presiding Officer, two employees committed to the cause, and one external member from an NGO or with legal background. The aggrieved woman must file a written complaint within 3 months of the incident, extendable by 3 more months for good reason. The IC completes inquiry within 90 days. Employers must conduct annual awareness training, display the policy prominently, and file an annual report with the District Officer. Section 26 prescribes a fine up to ₹50,000 for non-compliance, with cancellation of business licence on repeat default.

Example

A 45-person fintech in Pune sets up its IC with HR head as Presiding Officer, two team leads, and a lawyer from a women's rights NGO as the external member.

How POSH Act, 2013 is used

Form or refresh the IC every 3 years, run yearly POSH training for all staff, and file the annual report with the local District Officer by 31st January.

POSH Act, 2013 FAQs

Who must form an Internal Committee under POSH?

Every workplace, office, branch, or unit with 10 or more employees, regardless of gender ratio. Smaller establishments rely on the Local Committee at the district level instead.

What is the penalty for not complying with POSH?

Section 26 imposes a fine up to ₹50,000 for first violation. Repeat offences can lead to doubled fines and cancellation of registration or business licence by the appropriate government authority.

Can a woman file a complaint after the 3-month window?

Yes. The IC may extend the limitation by another 3 months if it is satisfied that circumstances prevented the woman from filing within time. Reasons must be recorded in writing.