1. What is the POSH Act?

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“POSH Act”) is a key legislation in India aimed at ensuring a safe, secure, and respectful working environment for women.

It establishes a structured framework for:

• Prevention of sexual harassment
•  Prohibition of inappropriate conduct at the workplace
•  Redressal of complaints through a formal mechanism
  

The Act places clear responsibilities on employers to implement policies, establish redressal mechanisms, and ensure awareness across the organization.

Importantly, while the law applies to workplaces of all sizes, organizations employing 10 or more individuals—irrespective of gender—are required to constitute an Internal Committee (IC).

2. Which workplaces does the POSH Act apply to?

The POSH Act has a wide scope and applies to most workplaces in India, across both organized and unorganized sectors.

This includes:

•  Government and public sector organizations
•  Private companies and startups
• Educational institutions and training centres
• Hospitals and healthcare establishments
• NGOs, trusts, and other organizations

The definition of “workplace” extends beyond the physical office and includes:

• Locations visited during the course of employment (such as client sites or business travel)
•  Employer-provided transportation
•  Off-site or remote working environments, where applicable

Accordingly, even organizations operating in fully remote or virtual setups—without a physical office—are required to comply with the provisions of the POSH Act if they engage employees.

3. Is POSH compliance mandatory?

Yes, POSH compliance is a statutory obligation for employers in India.

Organizations are required to:

• Constitute an Internal Committee (where applicable)
• Implement a POSH policy
•  Establish a complaint redressal mechanism
•  Conduct employee awareness and training programs
  

Non-compliance may result in financial penalties and, in certain cases, further regulatory consequences.

4. What actions are considered sexual harassment at the workplace?

Sexual harassment includes any unwelcome act or behaviour of a sexual nature, whether physical, verbal, or non-verbal.

This may include:

• Physical contact or advances
•  Requests or demands for sexual favours
•  Sexually coloured remarks
•  Display or sharing of explicit content
•  Any unwelcome communication of a sexual nature

The Act also covers situations where such conduct affects employment, including:

• Promises of preferential treatment
• Threats of adverse consequences
• Creation of an intimidating or hostile work environment

5. What are the two recognized forms of workplace sexual harassment?

The POSH Act broadly recognizes two forms:

Quid Pro Quo Harassment
 Where employment benefits or decisions are linked to acceptance of unwelcome sexual conduct.

Hostile Work Environment
 Where behaviour creates an intimidating, offensive, or uncomfortable environment that interferes with an individual’s ability to work.

6. Who is considered an employee under the POSH Act?

The definition of “employee” under the POSH Act is broad and inclusive.

It includes:

•  Permanent and temporary employees
•  Contract workers and consultants
•  Interns, trainees, and apprentices
• Daily wage workers
•  Individuals engaged through third-party agencies

In certain cases, even unpaid individuals may be covered depending on the nature of their association with the organization.

7. Who is considered an “aggrieved woman” under the POSH Act, and who can file a complaint?

An “aggrieved woman” refers to any woman, of any age, whether employed or not, who alleges that she has been subjected to sexual harassment at a workplace.

This includes:

• Employees in any capacity
•  Interns, trainees, and consultants
•  Visitors, clients, or any woman present at the workplace

A complaint may be filed by the aggrieved woman herself.

If she is unable to do so due to physical or mental incapacity, or in the event of death, the complaint may be filed on her behalf by:

• A relative or friend
•  A co-worker
•  Any person having knowledge of the incident, with appropriate authorization

8. What is an Internal Committee (IC)?

An Internal Committee (IC) is a statutory body required to be constituted by every organization employing 10 or more individuals, irrespective of gender.

The IC is responsible for:

• Receiving complaints of sexual harassment
•  Conducting inquiries as per the prescribed procedure
•  Submitting findings and recommendations to the employer
  

Organizations with multiple locations must ensure that employees have access to the IC.

9. Who are the members of the Internal Committee?

An Internal Committee typically consists of:

• A Presiding Officer, who must be a senior woman employee
•  At least two employee members, preferably with experience in social work or legal knowledge
•  One External Member, with relevant experience in women’s issues or POSH-related matters

At least 50% of the members must be women. Members are generally appointed for a tenure of up to three years.

10. How can an organization ensure complete POSH compliance, and what support can a POSH consultant provide?

While the POSH Act lays down clear legal requirements, effective compliance requires structured implementation, consistency, and alignment with existing organizational practices.

In the absence of a guided approach, organizations may inadvertently miss key aspects of compliance—such as proper documentation, adherence to timelines, or alignment of the POSH policy with broader HR and workplace policies.

A POSH consultant supports organizations in translating legal requirements into well-defined systems and processes.

End-to-end POSH compliance support typically includes:

Policy drafting and review, ensuring alignment with statutory provisions as well as existing HR and workplace policies

Constitution and structuring of the Internal Committee (IC), including appointment of the External Member

Advisory on complaint mechanisms, including setting up accessible and appropriate reporting channels

Employee awareness and sensitization programs

Specialized training for Internal Committee members on inquiry procedures and legal responsibilities

Guidance during complaint handling and inquiry processes, ensuring procedural compliance

Support with documentation and record-keeping as required under the Act

Assistance with annual reporting and disclosures

Periodic compliance reviews and audits to identify and address gaps

A structured approach to POSH compliance helps ensure that systems are not only in place, but also consistent, aligned, and practically implementable. Get in touch with Pitchers Global today!