Sexual harassment at the workplace adversely affects mental health, career growth, and overall productivity. Unfortunately, many employees remain unaware of their rights under the PoSH Act, leading to underreporting of incidents. According to the Ministry of Women and Child Development (MWCD), thousands of complaints are filed annually across India, emphasizing the need for awareness and compliance.
This guide covers the PoSH framework, complaint procedures, employer responsibilities, types of harassment, and protections for employees.
Points to ponder:
Sexual harassment complaints increased by 40.4% in FY24, with 268 more cases filed than in the previous financial year. Top Indian companies see a 40% jump in sexual harassment complaints in FY24.
An employer can be subjected to a penalty of up to INR 50,000 for: Failure to constitute Internal Complaints Committee, Failure to act upon recommendations of the Complaints Committee, Failure to file an annual report to the District Officer where required, or Contravening or attempting to contravene other provisions of this Act
What is PoSH?
- Full Form: Prevention of Sexual Harassment
- Applicability: Covers workplaces, trainees, interns, and students (educational institutions)
- Legal Basis: Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
Key Rules and Sections under PoSH
Rule 4 of PoSH – Employer Responsibilities for Internal Complaints Committees (ICCs)
PoSH Rule 4 requires employers to form Internal Complaints Committees (ICCs) for organizations with 10 or more employees. The ICC must be responsible for handling complaints of sexual harassment, providing a safe environment for employees to report incidents, and ensuring confidentiality.
Section 354 IPC – Relevance and Bailability
Section 354 of the Indian Penal Code (IPC) addresses the criminalization of assault or criminal force with intent to outrage a woman’s modesty. It is usually bailable, but the severity of the offense will depend on the situation.
Compliance Requirements for Employers
- Form ICCs and appoint members as per the Act
- Conduct periodic workshops and training
- Maintain records of complaints and resolutions
Who Can File a PoSH Complaint?
- Employees, interns, trainees, and students (if applicable)
- Both men and women can file complaints, but only Women are covered under PoSH Act of 2013. Men can complain and seek resolutions as per their company policies.
- Procedure: Submit written complaints to the ICC within 3 months from the date of incident (timeline may vary)
Types of Harassment Under PoSH
| Type | Description | Examples |
| Physical | Unwanted physical contact | Touching, assault |
| Verbal/Non-Physical | Offensive remarks, threats | Obscene language, stalking |
| Mental/Emotional | Bullying, intimidation, humiliation | Threats, isolation |
- Physical Harassment: Assault, inappropriate touch
- Verbal/Non-Physical Harassment: Obscene remarks, sexual jokes
- Mental/Emotional Harassment: Bullying, intimidation, isolation
Complaint and Investigation Process
Steps After Filing a Complaint
- ICC receives the complaint
- Inquiry conducted confidentially
- ICC submits report and recommendations
Protection for the Complainant
- Confidentiality maintained throughout
- Non-retaliation assured
Punishments for Harasser
- Penalties under PoSH Act
- Applicable IPC sections
Employer Duties under PoSH Act
| Duty | Description |
| ICC Formation | Committee for handling complaints in organizations with ≥10 employees |
| Awareness & Training | Conduct workshops, display notices, inform employees |
| Complaint Handling | Ensure proper inquiry, confidentiality, and timely resolution |
Evidence and Proof for PoSH Cases
- Documents, emails, messages, witness statements
- Proof of mental harassment at work
- Procedures for defending against false complaints
PoSH and Special Scenarios
Applicability to Students
Universities and educational institutions must form ICCs for enrolled students.
Can Men File PoSH Complaints?
Yes, men can file complaints as per internal organizational policies, but the PoSH act is exclusively enacted to protect women ONLY under the Sexual Harassment of Women at Workplace (PoSH) Act, 2013 in India; so men can raise a complaint and seek resolution as per their company policies.
COVID-19 & Remote Work
Harassment in virtual setups, including chat or video calls, is also covered under PoSH guidelines.
FAQs on PoSH
Q1: What is the difference between retrenchment and forced layoffs?
Forced layoffs are often related to temporary economic distress, while retrenchment is usually part of a broader strategy.
Q2: How do Indian companies legally carry out retrenchment?
By complying with the Industrial Disputes Act, providing adequate compensation, and following due legal processes.
Q3: Can an employee claim compensation for retrenchment under Indian law?
Yes, employees are entitled to compensation based on their tenure and last drawn salary.
Q4: What happens in case of wrongful retrenchment?
Employees can file a dispute with the Labour Commissioner or approach the labour tribunal for legal recourse.
Q5: How do government policies address retrenchment in public sector organizations?
Government policies provide additional protections and support for employees retrenched from public sector units.
Q6: What is Rule 4 of PoSH?
Rule 4 of PoSH mandates employers with 10+ employees to form an Internal Complaints Committee (ICC) and ensure that they handle complaints confidentially and appropriately.
Q7: Who can file a PoSH complaint?
Employees, trainees, interns, and students can file complaints of sexual harassment under PoSH. Both men and women are eligible to file a complaint as per internal policies of each organization, however, PoSH act is exclusively enacted to protect women ONLY under the Sexual Harassment of Women at Workplace (PoSH) Act, 2013 in India.
Q8: What are the types of harassment under PoSH?
PoSH covers three types of harassment: Physical, Verbal/Non-Physical, and Mental/Emotional harassment.
Q9: What is the punishment for harassing a girl under PoSH?
The punishments for sexual harassment under PoSH may include disciplinary actions, financial penalties, or criminal prosecution depending on the severity of the offense.
Q10: How to defend a false PoSH complaint?
A defendant can challenge false PoSH claims by providing evidence, witness statements, and presenting a strong defense during the inquiry process.
Q11: How does PoSH protect the complainant?
PoSH ensures confidentiality and prohibits retaliation against complainants, offering them protection throughout the complaint process.
Q12: How many employees are required to implement the PoSH Act?
The PoSH Act mandates that businesses with 10 or more employees must establish an Internal Complaints Committee (ICC).
Q13: What evidence do you need for harassment?
Evidence may include emails, messages, witness statements, documents, and testimonies that validate the harassment claims.
Q14: What happens after a PoSH complaint?
After filing a complaint, the ICC conducts an inquiry, provides recommendations, and the employer must ensure compliance with the decision.
Key Takeaways on PoSH
- Mandatory for workplaces with 10+ employees
- Ensures a safe and harassment-free environment
- Awareness of rights and duties is essential for both employees and employers
