Every workplace in India with 10 or more employees has a legal duty to prevent and address sexual harassment. Yet many businesses only think about the POSH Act after a complaint arrives.

What is the POSH Act?
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, commonly called the POSH Act, protects women from sexual harassment at work and sets out a formal process for complaints and redressal. It covers women in all forms of work, including permanent, contract, temporary, part-time, and trainee roles, as well as visitors.

What counts as sexual harassment?
Unwelcome physical contact or advances, demands or requests for sexual favours, sexually coloured remarks, showing pornography, or any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature. Implied threats about a person's job or creating a hostile work environment are also covered.

The "workplace" is defined broadly. It can include client sites, work travel, and transport provided by the employer.

Key employer obligations
1. Internal Committee (IC): every workplace with 10 or more employees must set one up, headed by a senior woman employee, with at least half its members women and one external member from an NGO or with relevant experience.
2. Written policy: publish a clear policy and explain the complaint process.
3. Display: show the consequences of harassment and IC member details at a visible place.
4. Awareness: run regular sessions for employees and training for IC members.
5. Annual report: the IC prepares an annual report for the District Officer.
6. Confidentiality: identities and proceedings must be kept confidential.

How the complaint process works
- A complaint is generally filed within three months of the incident, extendable by three more months for valid reasons
- Conciliation is possible only if the complainant asks for it, and cannot involve a monetary settlement
- The inquiry should be completed within 90 days
- The employer should act on the IC's recommendations within 60 days

Where there are fewer than 10 employees, or the complaint is against the employer, it goes to the Local Committee at the district level.

Non-compliance can attract a fine of up to Rs 50,000, with higher penalties for repeat offences.

How QkrHR helps
QkrHR does not replace your Internal Committee, but it supports the communication and record-keeping side:
- Announcements help share the POSH policy, IC details, and training updates with everyone
- Documents and letters, the self-service portal, and the mobile app keep policies accessible to every employee
- Role-based access and audit trails help protect sensitive HR records

The bottom line
A safe workplace is not just a legal requirement. It is the foundation of trust. Set up your IC, train your people, and make the process clear before anyone needs it.

This post is general information. Please review specific cases with a legal expert.

Read the full explanation: https://www.qkrbiz.com/hrms-software/hr-glossary/posh-act
Book a free demo: https://www.qkrbiz.com/signup

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