Frequently Asked Questions (FAQs) – POSH Compliance

What is POSH?

POSH stands for Prevention of Sexual Harassment at Workplace. It refers to the Indian law enacted as the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, which mandates organizations to prevent and address workplace sexual harassment. 

Every organization in India employing 10 or more employees—including private companies, startups, NGOs, educational institutions, hospitals, and government bodies—must comply with the POSH Act. 

An Internal Committee (IC) is a mandatory body that every eligible organization must constitute to receive and redress complaints of sexual harassment. 
It must include: 

  • A Presiding Officer (senior woman employee) 
  • At least two internal members 
  • One external member with experience in women’s rights or legal knowledge 

As an external POSH expert, I assist organizations in serving as the External Member and guiding the IC process lawfully. 

Yes. The Act mandates employers to: 

  • Conduct regular awareness programs for employees 
  • Conduct orientation programs for IC members 
    Failure to conduct training can attract penalties and legal consequences. 

 

Sexual harassment includes: 

  • Unwelcome physical contact 
  • Sexual advances 
  • Requests for sexual favours 
  • Sexually coloured remarks 
  • Showing pornography 
  • Any unwelcome verbal, non-verbal or physical conduct of sexual nature 

It also includes creating a hostile work environment. 

Yes. The POSH Act applies regardless of hierarchy. Complaints can be filed against colleagues, managers, directors, or even the employer. 

A complaint must be filed within 3 months from the date of the incident. 
The IC may extend this by another 3 months if sufficient cause is shown. 

The Internal Committee: 

  1. Acknowledges the complaint 
  1. Offers conciliation (if requested by the complainant) 
  1. Conducts a formal inquiry 
  1. Submits a report with recommendations to the employer 

The entire process must generally be completed within 90 days. 

 

Yes. The Act strictly mandates confidentiality. Disclosure of identities, complaint details, or proceedings is punishable under law. 

Non-compliance may result in: 

  • Monetary penalties up to ₹50,000 
  • Cancellation of business license (in repeated violations) 
  • Reputational damage and civil liability 

 

Yes. Even startups with 10 or more employees must constitute an IC and conduct training. Early compliance protects organizational culture and reduces legal risk. 

As a certified POSH trainer, We provide: 

  • External Member services for IC 
  • POSH policy drafting and review 
  • End-to-end POSH compliance setup 
  • Employee awareness workshops 
  • IC capacity-building training 
  • Inquiry assistance and legal guidance 

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