POSH Act Compliance Guide 2026
Complete compliance guide for the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. Understand ICC requirements, compliance checklist, and employer obligations.
What is the POSH Act?
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“POSH Act”) mandates every employer in India to provide a safe working environment for women and establish a mechanism to address complaints of sexual harassment.
Applicability
The POSH Act applies to all workplaces in India with 10 or more employees, including:
- Private sector organizations
- Government offices and PSUs
- Shops and commercial establishments
- Educational institutions
- Hospitals and nursing homes
- NGOs and trusts
Internal Complaints Committee (ICC)
Every employer must constitute an Internal Complaints Committee (ICC) at each office or branch with 10 or more employees. The ICC must include:
- A Presiding Officer — a senior-level woman employee
- At least 2 members from among employees committed to women’s causes or with legal knowledge
- One external member from an NGO or association committed to women’s causes, or a person familiar with sexual harassment issues
At least half of the ICC members must be women. The term of ICC members is 3 years.
POSH Compliance Checklist
- Constitute ICC: Form Internal Complaints Committee with prescribed composition.
- Display Notices: Display the penal consequences of sexual harassment and ICC details at a conspicuous place.
- Conduct Awareness Programs: Organize regular workshops and sensitization programs for all employees.
- File Annual Report: Prepare and submit an annual report to the District Officer with details of complaints received and disposed.
- Maintain Records: Keep records of all complaints, inquiry proceedings, and ICC meetings.
- Include in Handbook: Include the POSH policy in the employee handbook and service rules.
Penalties for Non-Compliance
Non-compliance with the POSH Act attracts:
- Fine of up to Rs. 50,000 for the first contravention
- Twice the fine for repeated contraventions
- Cancellation or non-renewal of business license by the appropriate government
Key Provisions
Confidentiality
All proceedings under the POSH Act are confidential. Breach of confidentiality is punishable.
Time-bound Resolution
The inquiry must be completed within 90 days from the date of complaint receipt.
Protection Against Retaliation
The Act protects complainants and witnesses from any adverse action or victimization.
Interim Relief
The ICC can recommend interim measures such as transferring the complainant or respondent, or granting leave to the complainant.
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