POSH Full Form: Prevention of Sexual Harassment Act 2013 Explained

Did you know that over 60% of workplace harassment cases in India go unreported? This happens because employees don’t know their rights, or they fear the consequences of speaking up. That’s exactly why the POSH Act exists. If you work in India, you’ve likely heard the term “POSH” at your workplace. But what does it actually mean? More importantly, how does it protect you or affect your organization? Let’s break it down in the simplest way possible.

What POSH Stands For?

POSH full form is “Prevention of Sexual Harassment.”

POSH officially stands for the “Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.”

Let’s break down what these words actually mean:

• Prevention = Stop harassment from happening in the first place
• Prohibition = Make it illegal and punishable
• Redressal = Give victims a way to file complaints and get justice

In simple terms, POSH is a law in India that makes it illegal for anyone to sexually harass a woman at work. It also forces companies to create safe workplaces and gives women a proper system to complain if something goes wrong.

Why Does POSH Matter? (For You, Your Workplace, and Organizations)

If you’re an employee, POSH matters because it’s your legal right to work in a safe, respectful environment. No one should feel unsafe, threatened, or disrespected at work because of their gender.

If you’re an HR professional or manager, POSH matters because your organization is legally required to follow it. If you don’t, you can face fines up to ₹50,000, damage to your company’s reputation, and lose your best employees.

If you own a business, POSH matters because it affects how you operate. Every organization with 10 or more employees must follow POSH rules.

History of POSH: Where Did It Come From?

You might wonder: “Why was this law created?” The answer comes from a tragic event in 1992.

The Bhanwari Devi Case (1992): A woman named Bhanwari Devi, a social worker in Rajasthan, was gang-raped for trying to stop a child marriage. Her case showed that India had no law to protect women from sexual harassment at work. This was shocking.

The Vishaka Guidelines (1997): After this case, India’s Supreme Court created something called the “Vishaka Guidelines.” These were temporary rules to protect women at work. But they weren’t strong enough because they weren’t part of an actual law.

The POSH Act (2013): Finally, in 2013, the Indian Parliament passed a permanent law called the POSH Act. It came into effect on December 9, 2013. This law made POSH rules mandatory for all organizations.

Think of it like this: First, there were guidelines (suggestion). Then, there was a law (requirement).

What Your Organization Must Do if it has 10 or more Employees:

1. Create a POSH Policy

Your HR team must write a document explaining what is and isn’t acceptable behavior. This policy should say:

• What counts as sexual harassment
• How employees can file complaints
• What will happen to the person accused
• How confidentiality will be maintained

2. Set Up an Internal Complaints Committee (ICC)

This is a committee of 4 people whose job is to receive complaints and investigate them.

The committee must have:

• One Presiding Officer – A senior-level woman from your company
• Two Members – Employees who support women’s welfare or have legal knowledge
• One External Member – Someone from an NGO or with legal expertise (from outside the company)

At least 50% of the committee members must be women.

3. Conduct Training and Awareness

Every employee must understand what sexual harassment is and how to report it. HR must:

• Conduct training sessions regularly
• Show videos or use online modules
• Share posters about the POSH policy
• Explain the process for filing complaints

4. Maintain Confidentiality

When a complaint is filed, nobody should know the names of the person who complained or the person accused. This protects everyone involved.

5. Create Multiple Ways to File Complaints

Employees should be able to report through:

• Email to a dedicated ICC address
• A complaint box (physical)
• An online form or portal
• In-person to ICC members

Who Is Protected Under POSH?

The POSH Act provides protection to all women, irrespective of their role, employment status, or duration of association with an organization. This ensures a safe and respectful work environment for everyone.

Women protected under POSH include:

• Permanent employees working in full-time roles
• Temporary employees appointed for a fixed duration
• Contract workers engaged through third-party agencies
• Interns and trainees, including students undergoing internships or training programs
• Remote employees working from home or other locations
• Casual workers such as part-time staff or daily wage workers
• Visitors, including clients, business partners, vendors, or guests present at the workplace

What Is Considered a Workplace Under POSH?

Under the POSH Act, the definition of a workplace is broad and not limited to a physical office. It includes:

• Office premises and buildings
• Client locations and external meeting venues
• Office-related events, celebrations, and parties
• Offsite meetings, conferences, and official travel locations
• Online platforms such as virtual meetings, emails, and work-related chats
• Any location or medium connected to official work or professional responsibilities

This wide coverage ensures protection from sexual harassment in both physical and virtual work environments.

How to File a POSH Complaint? Step-by-Step 

Let’s say someone experienced harassment. Here’s what happens:

Step 1: Gather Information (What You Should Do)

If you experience harassment, write down:

• What happened (specific details)
• When it happened (date and time)
• Who was involved (names)
• Where it happened (which office, meeting, etc.)
• Who saw it (names of witnesses)
• Any proof (emails, messages, photos, screenshots)

Keep screenshots of messages, emails, or WhatsApp chats as evidence.

Step 2: File a Written Complaint

You must file a written complaint within 3 months of the incident. The complaint should include:

• Your name
• What happened
• When it happened
• Who did it
• Witnesses (if any)
• Evidence (attach screenshots, emails, etc.)

Where to send it:

• To the ICC via email
• Put it in the complaint box
• Submit it through an online portal
• Give it in-person to any ICC member

Step 3: The ICC Investigates

Once your complaint is received:

• Day 1-7: The ICC acknowledges your complaint
• Day 8-60: The ICC talks to you, the accused person, and witnesses
• Day 60-90: The ICC decides if harassment happened
• Confidentiality: Nobody knows your name or the accused’s name

Step 4: Decision & Action

The ICC writes a report saying:

• “Harassment happened” OR “Harassment didn’t happen”

If harassment happened, the company can:

• Give a warning to the accused
• Suspend the accused from work
• Fire the accused
• Transfer one person to another office
• Give you leave or counseling support

Step 5: You Can Appeal (If You’re Not Satisfied)

If you don’t like the decision, you can appeal within 3 months.

POSH Act 2013: Key Provisions Every Workplace Must Know

Let’s break down the most important provisions of the POSH Act in a clear and easy way:

Provision 1: The 10 Employee Rule

If an organization has 10 or more employees, it is mandatory to form an Internal Complaints Committee (ICC)

If the organization has fewer than 10 employees:

• There is no requirement to form an ICC
• Complaints are submitted to the Local Complaints Committee (LCC) at the district level
• The District Officer is responsible for handling such cases

Provision 2: Time-Bound Investigation (Within 90 Days)

The ICC must complete the investigation within 90 days from the date of receiving the complaint.
This strict timeline ensures faster justice and helps reduce mental and emotional stress for those involved.

Provision 3: Confidentiality Protection

The identities of the complainant, respondent, and witnesses must remain completely confidential.
Any disclosure of names or case details can lead to strict penalties under the law.

Provision 4: Protection Against Retaliation

After a complaint is filed, the complainant must not face any negative action, such as:

• Demotion
• Termination of employment
• Unfair work assignments
• Harassment or workplace bullying
• Spreading rumors or damaging reputation

Any such action is treated as retaliation, and the employer may face additional legal penalties.

Provision 5: Mandatory Annual Report

Every organization must submit an annual POSH compliance report to the District Officer, including:

• Number of complaints received
• Number of complaints resolved
• Actions taken by the ICC
• Number of cases pending

What Happens If Companies Don’t Follow POSH Policy?

Non-compliance is serious. Here are the penalties:

Violation	Penalty
No ICC (for organizations with 10+ employees)	₹50,000 fine
No POSH policy or training	₹50,000 fine
Delaying investigation beyond 90 days	Additional fine + legal action
Retaliation against complainant	₹50,000 + disciplinary action
Repeated violations	License/registration cancellation
False accusations (if you lie in complaint)	Disciplinary action, possible termination

POSH Policy Implementation Across Different Workplace Setup

1. In a Large Corporate Office (500+ Employees)

Large organizations often go beyond the minimum legal requirements to ensure strong POSH compliance and employee safety. Common practices include:

• Multiple Internal Complaints Committee (ICC) branches across different office locations
• Online platforms or portals for submitting complaints confidentially
• Regular awareness sessions conducted monthly or quarterly
• Mandatory POSH training programs for newly onboarded employees
• Annual POSH compliance audits and internal reviews
  

2. In a Startup (5–20 Employees)

Smaller organizations may not require a full Internal Complaints Committee, but they must still follow POSH guidelines. Essential measures include:

• A clearly documented and accessible POSH policy
• A designated point of contact, such as an HR representative, to receive complaints
• Displaying contact details of the Local Complaints Committee (LCC)
• A clearly communicated zero-tolerance policy towards sexual harassment

3. In a Remote or Hybrid Company

Companies operating remotely or in hybrid models must extend POSH protection to virtual workspaces as well. This includes:

• Video conferencing platforms are used for official meetings
• Emails and workplace messaging tools such as Slack, Microsoft Teams, or similar apps
• Online meetings, webinars, and virtual training sessions
• Any digital or virtual interaction related to official work responsibilities

Conclusion

Following POSH rules is not only a legal duty but also important for creating a safe and respectful workplace. Every organization, whether it is a large company, a small startup, or a remote team, must have clear POSH policies, a proper complaint system, and regular awareness training for employees.

Handling POSH compliance manually can be confusing and time-consuming. This is where Savvy HRMS helps. Savvy HRMS makes POSH compliance simple by helping companies manage policies, track employee training, store important records securely, and keep all compliance information in one place.

With Savvy HRMS, organizations can reduce compliance stress, stay legally prepared, and focus on building a safe work environment where employees feel confident, protected, and respected.