POSH Policy Template: Anti-Sexual Harassment Policy India

POSH (Prevention of Sexual Harassment) is mandatory under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, for every workplace with 10+ employees. The Act requires a written policy, an Internal Complaints Committee (ICC), annual training, and an annual report. Non-compliance can result in fines up to ₹50,000 and license cancellation.

What a POSH Policy must include

  • Definition of sexual harassment per the Act
  • Scope (covers all employees, contractors, interns, visitors)
  • Internal Complaints Committee (ICC) constitution
  • Complaint procedure and timelines
  • Confidentiality obligations
  • Interim relief during inquiry
  • Possible actions and penalties
  • False / malicious complaint clause
  • Annual training requirement
  • Annual report filing with District Officer

Drafting tips

  • Constitute the ICC properly: at least 50% women, with one external member. Wrong constitution is the most common compliance gap.
  • File the annual report with the District Officer by 31 January every year, even if there were zero complaints.
  • Run mandatory POSH training annually and keep dated records. Auditors ask for the attendance sheet.

POSH Policy format

[Company Name] POSH POLICY. Effective [DD MMM YYYY]
(Per Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013)

1. PURPOSE
[Company Name] is committed to maintaining a safe workplace free from sexual harassment of any kind. This policy is issued in compliance with the POSH Act, 2013.

2. SCOPE
This policy applies to all employees, contractors, interns, visitors, and any person working at or visiting any premises of [Company Name].

3. DEFINITION OF SEXUAL HARASSMENT
Sexual harassment includes any unwelcome act or behaviour (whether directly or by implication), including:
  • Physical contact and advances
  • Demand or request for sexual favours
  • Sexually coloured remarks
  • Showing pornography
  • Any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature

4. INTERNAL COMPLAINTS COMMITTEE (ICC)
The ICC consists of:
  • Presiding Officer: A senior woman employee, [Name, Designation]
  • Member: An employee committed to women's causes, [Name]
  • Member: Another employee, [Name]
  • External Member: A member from an NGO or lawyer familiar with sexual harassment, [Name]

The ICC is reconstituted every 3 years.

5. COMPLAINT PROCEDURE
  • A complaint can be filed in writing or via [posh@company.com] within 3 months of the incident (extendable to 6 months for valid reasons).
  • The ICC will acknowledge the complaint within 7 days.
  • The inquiry will be completed within 90 days of receipt of complaint.
  • The respondent will be given an opportunity to be heard and respond in writing.
  • The complainant and respondent are entitled to inspect material documents.

6. CONFIDENTIALITY
Identity of the complainant, respondent, witnesses, and case details are strictly confidential. Breach of confidentiality is itself a disciplinary offence.

7. INTERIM RELIEF
Pending inquiry, the ICC may recommend transfer of the complainant or respondent, grant of leave up to 3 months, or other measures to prevent further harassment.

8. ACTIONS AND PENALTIES
Based on findings, action may include written apology, written warning, withholding promotion or increment, transfer, suspension, or termination. Compensation may also be awarded to the complainant.

9. MALICIOUS COMPLAINTS
A complaint found to be malicious or false (after due inquiry) may attract disciplinary action against the complainant. However, inability to substantiate a complaint shall not by itself be treated as malicious.

10. TRAINING & AWARENESS
[Company Name] will conduct annual POSH training for all employees and ICC training for committee members.

11. ANNUAL REPORT
The ICC will prepare an annual report on POSH cases received and resolved, and submit it to the District Officer per Section 21 of the POSH Act.

12. NO RETALIATION
Any retaliation against a complainant, witness, or ICC member is itself a violation of this policy and will result in disciplinary action.

Acknowledged:

Signature: ____________________   Date: __________
[Employee Name, Employee ID]

FAQs

Is POSH policy mandatory in India?

Yes. The POSH Act 2013 mandates a written policy, ICC, annual training, and annual reporting for any establishment with 10+ employees, regardless of industry or company size.

Who can file a POSH complaint?

Any aggrieved woman at the workplace: employee, contractor, intern, customer, or visitor. The Act primarily protects women, though many companies extend the policy to all genders.

What is the timeline for resolving a POSH complaint?

90 days from receipt of complaint. Extension of 30 days is allowed in exceptional cases with reasons recorded.

What happens if a company doesn't comply with POSH?

Penalty up to ₹50,000 for first offence; license cancellation or business closure for repeat offences.