The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) has been in force for over a decade, yet compliance remains a challenge for many Indian businesses. With increased judicial scrutiny and penalties for non-compliance, employers cannot afford to ignore POSH obligations.
At Hashmi Law Associates (HLAPL), we advise corporate clients on POSH compliance, internal committee formation, and training programs. This checklist covers all POSH requirements under the Act and the POSH Rules, 2013, as amended in 2025.
1. Applicability of POSH Act
The POSH Act applies to all workplaces in India, including:
- Government establishments (central and state)
- Private sector companies (including startups and SMEs)
- Non-governmental organizations (NGOs)
- MNC branch offices and liaison offices
- Organizations with 10 or more employees (mandatory IC requirement)
Citation: Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, Section 2(g) – definition of workplace; Section 2(k) – definition of employer.
2. Complete POSH Compliance Checklist
✅ 2.1 Adopt POSH Policy
Every employer must adopt a written POSH policy. The policy must include:
- Definition of sexual harassment (including physical, verbal, and non-verbal conduct)
- Prohibition of sexual harassment at the workplace
- Details of the Internal Committee (IC) composition
- Complaint filing procedure (written complaint within 3 months of incident)
- Investigation process (time-bound: 90 days)
- Protection against retaliation for complainants and witnesses
- Penalties for false complaints (after due inquiry)
✅ 2.2 Constitute Internal Committee (IC)
Every workplace with 10 or more employees must constitute an Internal Committee. Composition requirements:
- Presiding Officer: Woman employed at senior level
- 2 members: From amongst employees preferably committed to the cause of women (at least one woman)
- 1 external member: From an NGO or person familiar with POSH issues
For workplaces with less than 10 employees, the employer must refer complaints to the Local Committee (District Officer).
Citation: POSH Act, 2013, Section 4 – Internal Committee; Rule 3(1) – composition details.
✅ 2.3 Display POSH Information
Employers must display the penal consequences of sexual harassment and the IC's contact details at conspicuous places in the workplace. This includes notice boards, intranet, and employee handbooks.
✅ 2.4 Employee Training and Awareness Programs
Conduct periodic POSH awareness programs for all employees (at least once a year). Training should cover:
- What constitutes sexual harassment
- How to file a complaint
- Role of the Internal Committee
- Prohibition of retaliation
IC members must receive specialized training on conducting inquiries, evidence assessment, and report writing.
✅ 2.5 Complaint Handling Process
Establish a clear process for receiving and processing complaints:
- Written complaint to be submitted to IC within 3 months of incident (extendable to 6 months)
- IC to attempt conciliation before inquiry (if requested by complainant)
- If no conciliation, IC conducts inquiry within 90 days
- Report to be submitted to employer within 10 days of completing inquiry
- Employer to act on recommendations within 60 days
✅ 2.6 Annual Report Filing
Under Section 21 of the POSH Act, employers must file an annual report with the District Officer. The report includes:
- Number of complaints received during the year
- Number of complaints disposed of
- Number of cases pending for more than 90 days
- Number of workshops/training programs conducted
- Number of false complaints and action taken
Deadline: January 31 of each year (for preceding calendar year).
✅ 2.7 Display IC Details on Website
For companies with a website, the IC's details (names, contact information) and the POSH policy must be published on the website (Rule 4(7) of POSH Rules).
3. Penalties for Non-Compliance
| Violation | Penalty |
|---|---|
| Failure to constitute IC | ₹50,000 fine (first offence); double for subsequent; cancellation of business license in some states |
| Failure to file annual report | ₹50,000 fine |
| Failure to act on IC recommendations | ₹50,000 fine + compensation to complainant |
| Providing false information | ₹50,000 fine and/or imprisonment (Section 26) |
| Retaliation against complainant | Disciplinary action including termination; compensation to complainant |
Citation: POSH Act, 2013, Sections 26, 27 – Penalties.
4. Landmark Judicial Precedents (2024-2026)
- Sunita Devi v. State of Haryana (2025): Supreme Court held that POSH Act applies to temporary workers and contractual staff.
- XYZ Pvt. Ltd. v. IC Member (Delhi High Court, 2025): Internal Committee's report cannot be quashed on technical grounds unless manifestly perverse.
- ABC Corp. v. District Officer (2024): Failure to display IC details on company website constitutes non-compliance.
5. How HLAPL Can Help with POSH Compliance
At Hashmi Law Associates (HLAPL), we provide end-to-end POSH compliance services:
- POSH policy drafting and review
- Internal Committee formation and training
- Employee awareness programs (virtual/physical)
- Annual report filing assistance
- Representation in POSH inquiries (as IC member or legal counsel)
- POSH compliance audit
Contact our employment law team in New Delhi for POSH compliance assistance.
Citation: Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013; POSH Rules, 2013 (as amended 2025); Ministry of Women and Child Development Guidelines, 2025; Supreme Court in Vishaka v. State of Rajasthan (1997) (landmark judgment leading to the Act).