Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
What does an employer have to do under the PoSH Act?
Every employer with ten or more workers must constitute an Internal Committee, display the penal consequences of harassment at the workplace, run awareness and committee training, and file an annual report with the District Officer.
What the law requires
| Obligation | Applies when | Provision |
|---|---|---|
| Constitute an Internal Committee by written order at every workplace | Ten or more workers at that workplace | Section 4(1) |
| Appoint a woman employed at a senior level as Presiding Officer of the Internal Committee | Every Internal Committee | Section 4(2)(a) |
| Include at least two members from among employees committed to the cause of women or with relevant experience, and one external member from an NGO or association familiar with the issue | Every Internal Committee | Section 4(2)(b)–(c) |
| Ensure at least half the members of the Internal Committee are women | Every Internal Committee | Section 4(3) |
| Display the penal consequences of sexual harassment and the composition of the Internal Committee at a conspicuous place | All employers | Section 19(b) |
| Organise workshops and awareness programmes for workers, and orientation programmes for Internal Committee members | All employers | Section 19(c) |
| Provide the Internal Committee with facilities to conduct an inquiry, and assist the woman if she chooses to file a criminal complaint | All employers | Section 19(d)–(g) |
| Treat sexual harassment as misconduct under the applicable service rules and act accordingly | All employers | Section 19(h) |
| Maintain confidentiality of the complainant, respondent, witnesses, the inquiry and its outcome | All employers and committee members | Section 16 |
| Include the number of cases filed and disposed of during the year in the organisation’s annual report | Employers required to prepare an annual report | Section 22 |
The deadlines
| What | When | Provision |
|---|---|---|
| A complaint must be made to the Internal Committee | Within 3 months of the incident, or of the last incident in a series | Section 9(1) |
| The Internal Committee may extend that period, recording reasons in writing | By a further 3 months | Section 9(1) proviso |
| Complete the inquiry into a complaint | Within 90 days | Section 11(4) |
| Submit the inquiry report to the employer | Within 10 days of completing the inquiry | Section 13(1) |
| Act on the Internal Committee’s recommendations | Within 60 days of receiving the report | Section 13(4) |
| An appeal against the recommendations may be filed | Within 90 days of the recommendation | Section 18(2) |
| File the annual report with the District Officer | Each calendar year | Section 21(1) |
Registers and filings
- Written order constituting the Internal Committee Section 4(1)
- Complaint record and inquiry report Section 13(1)
- Annual report of the Internal Committee to the employer and District Officer Section 21(1)
- Cases filed and disposed of, in the organisation’s annual report Section 22
What non-compliance costs
| Consequence | When | Provision |
|---|---|---|
| Fine which may extend to fifty thousand rupees for failure to constitute an Internal Committee or otherwise contravene the Act | First contravention | Section 26(1) |
| Twice the punishment, and cancellation or non-renewal of licence or registration required to carry on business | Repeat contravention | Section 26(2) |
| Penalty for breach of the confidentiality obligation | Any person who contravenes Section 16 | Section 17 |
Questions people actually ask
- Is an Internal Committee mandatory under 10 employees?
- No. Section 4(1) requires an Internal Committee at a workplace with ten or more workers. Below that threshold a complaint goes instead to the Local Committee constituted by the District Officer under Section 6.
- Who must be on the Internal Committee?
- A Presiding Officer who is a woman employed at a senior level, at least two employee members committed to the cause of women or with relevant experience, and one external member from an NGO or association familiar with sexual harassment. At least half the members must be women — Sections 4(2) and 4(3).
- What is the time limit to file a PoSH complaint?
- Three months from the incident, or from the last incident in a series, under Section 9(1). The Internal Committee may extend this by a further three months if it records in writing the reasons for doing so.
- How long does a PoSH inquiry take?
- The inquiry must be completed within 90 days under Section 11(4). The report goes to the employer within 10 days of completion under Section 13(1), and the employer must act on the recommendations within 60 days under Section 13(4).
- What is the penalty for not having a PoSH committee?
- A fine which may extend to fifty thousand rupees under Section 26(1). A repeat contravention attracts twice the punishment and may lead to cancellation or non-renewal of the licence or registration required to carry on the business, under Section 26(2).
- Who cannot see a PoSH complaint?
- Confidentiality is a statutory duty under Section 16, and contravening it carries a penalty under Section 17. In EECly this is enforced in software: only the Internal Committee can open a case — HR, Compliance and the Data Protection Officer cannot.
- What must the PoSH annual report contain?
- Section 21(1) requires the Internal Committee to prepare an annual report each calendar year and submit it to the employer and the District Officer. Section 22 separately requires the employer to state the number of cases filed and disposed of in the organisation’s own annual report.