POSH Act

POSH Act Rules, Regulation, and Compliance: Essential Guide for HR Departments

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013—commonly called the POSH Act—was introduced to ensure safe, equitable, and respectful workplaces in India. For HR professionals, understanding and ensuring full compliance with the POSH Act is not just a regulatory mandate—it’s a means to foster trust and workplace dignity.ahlawatassociates+2​

Key Responsibilities for HR Under the POSH Act

• Drafting a Robust POSH Policy:
  HR must create and disseminate a comprehensive anti-sexual harassment policy. This policy must clearly define what constitutes sexual harassment, detail the rights and responsibilities of employees, outline mechanisms for complaint reporting, and describe the investigation process and disciplinary action.​

• Formation of Internal Complaints Committee (ICC):
  Every organization with 10 or more employees is legally required to constitute an Internal Complaints Committee (ICC), headed by a senior female employee, and ensure at least 50% of the members are women. The ICC should include an external member with experience in sexual harassment issues.​

  • ICC must investigate complaints confidentially and fairly.

  • Non-formation of ICC can lead to penalty up to ₹50,000 and other severe legal consequences.

• Training and Awareness:
  HR must organize regular training and sensitization sessions for all employees and management. Periodic communication on rights, complaint procedures, and organizational stance is key to a prevention-first culture.​

  • Awareness posters must be prominently displayed at the workplace.

  • Training for ICC members is mandatory.

• Complaint Handling and Investigation:
  Establish a timely, unbiased, and confidential complaint redressal process. The ICC must investigate and issue a report within 90 days, and the employer must act on ICC’s recommendations within 60 days. Both complainant and respondent must receive fair treatment and an opportunity to be heard.​

• Annual Reporting and Documentation:
  As per Rule 14 of the POSH Rules, the HR/ICC must file an annual report to the District Officer by 31 January each year. The report should include the number of complaints received, resolved, pending, and details of ICC meetings.​

  • Keeping meticulous records of all proceedings, actions, and training is crucial for audits and legal compliance.

• Display of POSH Policy and ICC Details:
  The POSH Act (Section 19) mandates employers to clearly display the anti-harassment policy and contact details of ICC members at prominent places within the workplace.