POSH Policy — Prevention of Sexual Harassment at Workplace (India)
POLICY ON PREVENTION, PROHIBITION AND REDRESSAL OF SEXUAL HARASSMENT AT THE WORKPLACE (POSH POLICY)
Company: [Company Name]
Registered Address: [Company Address]
Effective Date: [Effective Date]
This Policy on Prevention, Prohibition and Redressal of Sexual Harassment at the Workplace ("POSH Policy" or "Policy") is adopted by [Company Name] ("Company") pursuant to the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013 ("POSH Act") and the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules 2013 ("POSH Rules"). This Policy gives effect to the Company's commitment — and its legal obligation — to provide a safe, respectful, and harassment-free workplace for all women. This Policy is approved by the Board of Directors.
1. DEFINITIONS AND SCOPE
1.1 'Sexual Harassment' includes any one or more of the following unwelcome acts or behaviour (whether directly or by implication): (a) physical contact and advances; (b) a demand or request for sexual favours; (c) making sexually coloured remarks; (d) showing pornography; or (e) any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature (Section 2(n), POSH Act).
1.2 The following circumstances — if they occur or are present in relation to or connected with any act or behaviour of sexual harassment — may also amount to sexual harassment: (a) implied or explicit promise of preferential treatment in employment; (b) implied or explicit threat of detrimental treatment in employment; (c) implied or explicit threat about present or future employment status; (d) interference with work or creating an intimidating or offensive or hostile work environment; and (e) humiliating treatment likely to affect health or safety.
1.3 'Aggrieved Woman' means any woman — employed or not — who alleges to have been subjected to sexual harassment in the workplace of the Company, at any age. This includes permanent employees, contractual workers, interns, trainees, visitors, and third-party service providers who visit the workplace.
1.4 'Workplace' means [Company Name]'s offices at [Company Address], all other offices, branches, and locations of the Company in the State of [Governing State] and elsewhere in India, as well as any location visited by an employee in connection with Company work (client premises, conferences, Company-sponsored events, and travel for work).
1.5 'Respondent' means a person against whom a complaint of sexual harassment has been made.
2. INTERNAL COMPLAINTS COMMITTEE (ICC)
2.1 Constitution: The Company has constituted an Internal Complaints Committee (ICC) pursuant to Section 4 of the POSH Act. The ICC is constituted as follows:
Presiding Officer: [ICC Presiding Officer]
Internal Members: [ICC Internal Members]
External Member: [ICC External Member]
2.2 The term of each ICC member shall be three years from the date of nomination. No member shall have more than two consecutive terms on the ICC.
2.3 Complaints to the ICC shall be submitted in writing (or in a form accessible to persons with disabilities) to the ICC email: [ICC Contact Email], or by post addressed to the Presiding Officer of the ICC at [Company Address].
2.4 The ICC shall meet at least once in every quarter to review pending complaints, update records, and ensure compliance with this Policy.
3. COMPLAINT PROCEDURE
3.1 Filing a Complaint: An aggrieved woman must file a written complaint to the ICC within six calendar months from the date of the incident, or the last incident in a series of incidents (Section 9, POSH Act). The ICC may extend this period by a further six months for reasons to be recorded in writing.
3.2 Contents of Complaint: The complaint must describe the incident(s) constituting sexual harassment, the name of the respondent, the date(s) and location(s) of the incident(s), the names of any witnesses, and any supporting documents or evidence available to the complainant.
3.3 Conciliation: [Conciliation Allowed]. Where conciliation is permitted and the aggrieved woman makes a written request, the ICC may, before commencing an inquiry, take steps to settle the matter between the complainant and respondent. No monetary settlement shall be the basis for conciliation (Section 10, POSH Act). Settlement terms shall be recorded and copies provided to both parties.
3.4 Interim Relief: At the request of the aggrieved woman, the ICC may recommend: (a) transfer of the aggrieved woman or the respondent to any other workplace; (b) grant leave to the aggrieved woman for a period up to 3 months (in addition to her regular leave entitlement); or (c) such other interim measures as may be appropriate (Section 12, POSH Act).
4. INQUIRY PROCESS
4.1 If settlement is not reached through conciliation, or if conciliation is not applicable, the ICC shall proceed to an inquiry in accordance with the principles of natural justice.
4.2 The inquiry shall be completed within [Inquiry Timeline] from the date of receipt of the complaint (Section 11(4), POSH Act). Both the complainant and respondent have the right to present their case, produce witnesses, and cross-examine witnesses.
4.3 The proceedings of the ICC inquiry shall be treated as confidential. No person shall disclose the identity of the complainant, respondent, or witnesses, or any information related to the inquiry proceedings, except for the purpose of implementing the ICC's recommendations (Section 16, POSH Act). Breach of confidentiality may result in disciplinary action.
4.4 Upon completion of the inquiry, the ICC shall submit an Inquiry Report to the Employer (management) within 10 days of completion. The Inquiry Report shall include the findings of the inquiry and the ICC's recommendations. Copies of the report shall be provided to both the complainant and the respondent.
4.5 Action on Recommendations: The Company shall act on the ICC's recommendations within 60 days of receiving the Inquiry Report. Where the ICC finds the complaint proved, the Company may: (a) take appropriate disciplinary action — including written warning, withholding of promotion or pay raise, demotion, or termination of employment — as per the Company's disciplinary policy; and/or (b) deduct compensation from the respondent's salary and pay it to the complainant.
5. FALSE AND MALICIOUS COMPLAINTS; PROHIBITION ON RETALIATION
5.1 If the ICC finds that a complaint has been made maliciously or with the knowledge that it is false, or if the complainant has submitted forged documents, the ICC may recommend action against the complainant. However, the mere inability to substantiate a complaint shall not be a basis for action against the complainant (Section 14, POSH Act).
5.2 Retaliation Prohibited: No employee, officer, or manager of the Company shall take any retaliatory action against a woman who has filed a complaint under this Policy, or against any person who has assisted in the inquiry or provided evidence. Retaliation constitutes a separate disciplinary offence and may also expose the Company to legal liability.
6. ANNUAL REPORTING AND AWARENESS
6.1 Annual Report: The ICC shall prepare an Annual Report for each calendar year containing: (a) the number of complaints received; (b) the nature of the complaints; (c) the number of cases disposed; (d) the number of cases pending; and (e) the action taken. The Annual Report shall be submitted to the Employer ([Company Name] management) and to the District Officer as required under Section 21 of the POSH Act.
6.2 Board's Report: The number of complaints filed under the POSH Act and the action taken thereon shall be disclosed in the Company's Annual Report under Section 22 of the POSH Act and in the Board's Report under Section 134 of the Companies Act 2013.
6.3 Awareness: The Company shall organise POSH awareness workshops for all employees at least once a year, and orientation programmes for ICC members (Section 19, POSH Act). This Policy shall be displayed at conspicuous places in all offices and workplaces of the Company.
6.4 This Policy is governed by the laws of India and the laws of the State of [Governing State]. This Policy shall be reviewed and updated at least annually, or upon changes to the POSH Act or Rules.
Managing Director / CEO
________________
Signature
ICC Presiding Officer
________________
Signature
What Is a POSH Policy — Prevention of Sexual Harassment at Workplace (India)?
A POSH Policy — Prevention of Sexual Harassment at Workplace in India records the organisation's position on the matter, defining what is permitted, what is prohibited and how breaches are handled.
The POSH Act was enacted following the Supreme Court's Vishaka guidelines (Vishaka v. State of Rajasthan, 1997), which mandated that all employers create a safe working environment for women and establish redressal mechanisms for sexual harassment. The Act applies to every workplace in India — government offices, private companies, NGOs, educational institutions, hospitals, restaurants, retail stores, domestic workplaces, and unorganised sector establishments — regardless of sector or size (except the minimum 10-employee threshold for ICC constitution).
The POSH Act's protections extend to all women at the workplace — employees (permanent, temporary, contractual, part-time), trainees, apprentices, interns, and even visitors and third parties (customers, clients, vendors) who are at the workplace. The definition of 'workplace' is expansive — it includes any place visited by an employee in connection with work, transportation provided by the employer, and online/virtual work environments.
A thorough POSH Policy is not just a legal compliance requirement — it is a fundamental element of a safe, respectful, and inclusive workplace culture. Companies with strong POSH compliance are better positioned to attract and retain female talent, avoid reputational damage, and demonstrate their commitment to gender equality to investors, customers, and regulators.
The legal framework governing the POSH Policy — Prevention of Sexual Harassment at Workplace (India) in India draws on several key statutes and regulatory bodies. Under Indian law, the Indian Contract Act 1872 governs contractual obligations, with Section 10 setting essential requirements for valid agreements. The Companies Act 2013 regulates corporate entities through the Registrar of Companies (ROC) and Ministry of Corporate Affairs (MCA). The Industrial Disputes Act 1947 and state labour commissioners govern employment disputes. The Information Technology Act 2000 and IT (Reasonable Security Practices) Rules 2011 protect personal data. The Income Tax Act 1961 and Goods and Services Tax Act 2017 govern tax obligations through the Central Board of Direct Taxes (CBDT) and GST Council. Parties executing a POSH Policy — Prevention of Sexual Harassment at Workplace (India) in India should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Indian Contract Act, 1872 sets the foundational requirements.
When Do You Need a POSH Policy — Prevention of Sexual Harassment at Workplace (India)?
A POSH Policy is legally mandatory for every Indian employer with ten or more employees under Section 4 of the POSH Act 2013. Non-compliance is a criminal offence under Section 26 of the Act, with fines and potential cancellation of business licences.
Every company that has recently grown to ten or more employees must immediately constitute an ICC and adopt a POSH Policy — failure to do so from the moment the tenth employee joins is a violation of the Act.
Companies that have received a sexual harassment complaint without having a functioning ICC are in breach of the POSH Act and face significant liability — both to the complainant (who may pursue redressal through the Local Complaints Committee or courts) and to regulatory authorities.
Companies expanding to new offices or branches must confirm that an ICC is constituted at each location with ten or more employees — not just at the head office.
Startups and growing technology companies often reach the ten-employee threshold quickly and must adopt a POSH Policy as part of their HR compliance programme — typically alongside their employment contract templates, HR policies, and Code of Conduct.
For listed companies, SEBI's BRSR framework and corporate governance guidelines require POSH Act compliance disclosures, making the POSH Policy a governance transparency requirement as well as a legal obligation.
Companies operating in sectors with predominantly female workforces — garment manufacturing, healthcare, retail, education, BPO/ITES — have heightened POSH compliance risks and regulatory scrutiny, and need thorough, actively enforced POSH Policies.
Parties in India should prepare a POSH Policy — Prevention of Sexual Harassment at Workplace (India) proactively rather than waiting for a dispute to arise. Courts interpret agreements based on the written terms rather than oral representations. Under Indian law, the Indian Contract Act 1872 governs contractual obligations, with Section 10 setting essential requirements for valid agreements. The Companies Act 2013 regulates corporate entities through the Registrar of Companies (ROC) and Ministry of Corporate Affairs (MCA). The Industrial Disputes Act 1947 and state labour commissioners govern employment disputes. The Information Technology Act 2000 and IT (Reasonable Security Practices) Rules 2011 protect personal data. The Income Tax Act 1961 and Goods and Services Tax Act 2017 govern tax obligations through the Central Board of Direct Taxes (CBDT) and GST Council. Where the transaction involves regulated activities, prior approval from the relevant authority may be required before execution.
What to Include in Your POSH Policy — Prevention of Sexual Harassment at Workplace (India)
A thorough POSH Policy for an Indian company must contain the following mandatory and recommended elements.
Policy Statement: A clear statement of the organisation's zero-tolerance commitment to sexual harassment, endorsed by the CEO/MD and the Board of Directors.
Definition of Sexual Harassment: The full statutory definition from Section 2(n) and Section 3 of the POSH Act 2013, with illustrative examples relevant to the organisation's workplace context (in-person, virtual/online).
Scope: All women at the workplace — employees (permanent, temporary, contractual, part-time), trainees, apprentices, interns, and visitors. Extended workplace coverage (client sites, travel, virtual meetings).
Internal Complaints Committee (ICC): Constitution of the ICC per Section 4 — Presiding Officer (senior woman employee), minimum two internal members, and one external member. Names, designations, and contact details of all ICC members. Disclosure of ICC details at conspicuous places in the workplace.
Complaint Procedure: How to file a complaint (written, to the ICC), the three-month filing deadline and extension provisions, and the complainant's right to assistance in filing.
Conciliation Procedure: The optional conciliation mechanism under Section 10, and the ICC's role in facilitating a voluntary settlement.
Inquiry Procedure: The ICC's inquiry procedure, the 60-day inquiry timeframe, the principles of natural justice (opportunity to be heard), confidentiality obligations, and the process for recommending penalties and compensation.
Interim Relief: The ICC's power to recommend interim measures (transfer, leave) during the inquiry.
Penalties for Harassment: Range of disciplinary actions available against a Respondent found guilty, and the monetary compensation mechanism under the POSH Rules.
Awareness and Training: Annual awareness programme obligations and ICC member orientation requirements.
Annual Reporting: ICC's obligation to file annual report with the District Officer under Section 21, and the Board Report disclosure under Section 22.
Additional compliance elements for a POSH Policy — Prevention of Sexual Harassment at Workplace (India) used in India include: Under Indian law, the Indian Contract Act 1872 governs contractual obligations, with Section 10 setting essential requirements for valid agreements. The Companies Act 2013 regulates corporate entities through the Registrar of Companies (ROC) and Ministry of Corporate Affairs (MCA). The Industrial Disputes Act 1947 and state labour commissioners govern employment disputes. The Information Technology Act 2000 and IT (Reasonable Security Practices) Rules 2011 protect personal data. The Income Tax Act 1961 and Goods and Services Tax Act 2017 govern tax obligations through the Central Board of Direct Taxes (CBDT) and GST Council. Forms-legal.com provides this template as a starting point for India-compliant documentation.
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title = {POSH Policy — Prevention of Sexual Harassment at Workplace (India) (India)},
year = {2026},
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note = {Free legal document template. Based on Indian Contract Act, 1872}
}Frequently Asked Questions
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013 (POSH Act) imposes a comprehensive set of obligations on all employers in India. The Act was enacted following the Supreme Court's landmark directions in Vishaka v. State of Rajasthan (1997), which mandated that all workplaces have a mechanism to address sexual harassment of women. The POSH Act applies to every workplace in India — both public and private sector, formal and informal, organised and unorganised — and to all women who work there, including employees, trainees, apprentices, daily wage workers, contract workers, and visitors. The key obligations imposed on employers under the POSH Act 2013 are as follows. Internal Complaints Committee (ICC): Every employer with ten or more employees must constitute an Internal Complaints Committee (ICC) at each office or branch where ten or more employees are employed (Section 4). The ICC must include: (a) a Presiding Officer — a senior woman employee; (b) at least two internal members — persons committed to the cause of women, or with social work experience; and (c) one external member — from an NGO, association committed to the cause of women, or a person familiar with labour, service, civil, or criminal law. External members shall be entitled to a fee or allowance as prescribed. Members must be nominated by the employer, and the ICC's composition must be disclosed to all employees.
The POSH Act 2013 and the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules 2013 (POSH Rules) set out a detailed procedure for filing, investigating, and resolving sexual harassment complaints. This procedure must be followed by the Internal Complaints Committee (ICC) and is subject to judicial scrutiny — courts have repeatedly intervened to correct ICC procedures that violated principles of natural justice. Filing a Complaint: A woman who has been subjected to sexual harassment at the workplace (or a person authorised by her) may file a written complaint with the ICC within three months of the last incident of sexual harassment (Section 9(1)). The time limit can be extended by the ICC for a further three months if it is satisfied that circumstances prevented timely filing. The complaint must be submitted in six copies (under the POSH Rules), and the ICC must provide one copy to the Respondent within seven days of receiving the complaint. Conciliation (Optional): Before initiating an inquiry, if the Aggrieved Woman requests it, the ICC may take steps to settle the matter through conciliation between the parties — except where the alleged sexual harassment involves a monetary settlement (Section 10). The ICC must ensure that the conciliation settlement is reached voluntarily and without pressure. If a settlement is reached, the ICC shall record it and provide copies to both parties. Inquiry Procedure: If conciliation fails or is not opted for, the ICC must complete the inquiry within 60 days (Section 11(4)).
The POSH Act 2013 imposes significant penalties on employers who fail to comply with its requirements, and on individuals who commit sexual harassment. The penalties are designed to be sufficiently deterrent to ensure employer compliance, and have been enforced through both criminal prosecution and civil proceedings. Penalties on Employers for Non-Compliance (Section 26, POSH Act):
An employer who fails to: (a) constitute an ICC; (b) take action on the ICC's recommendations within 60 days; (c) include POSH Act compliance information in the annual report; or (d) comply with any other provisions of the POSH Act or Rules — is guilty of an offence under Section 26 and shall be liable to pay a fine not exceeding ₹50,000 for the first offence. For a second or subsequent offence, the employer shall be liable for cancellation or non-renewal of the licence or withdrawal or non-renewal of the registration required to carry on the business or activity. For companies (as opposed to individual proprietors), Section 27 of the POSH Act provides for prosecution of every person who was in charge of and responsible for the conduct of the company's business at the time of the offence — including directors and officers.
The POSH Act 2013 provides a broad and detailed definition of 'sexual harassment' in Section 2(n), drawn substantially from the Supreme Court's guidelines in Vishaka v. State of Rajasthan (1997) and intended to cover the full range of conduct that constitutes sexual harassment in the workplace. Section 2(n) defines sexual harassment as any one or more of the following unwelcome acts or behaviour (whether directly or by implication): (i) physical contact and advances; (ii) a demand or request for sexual favours; (iii) making sexually coloured remarks; (iv) showing pornography; or (v) any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature. The circumstances that may constitute sexual harassment (if connected with any of the acts in (i)-(v) above) are specified in Section 3(2): (a) implied or explicit promise of preferential treatment in employment; (b) implied or explicit threat of detrimental treatment in employment; (c) implied or explicit threat about the present or future employment status; (d) interference with work or creating an intimidating, hostile, or offensive work environment; or (e) humiliating treatment likely to affect health or safety. Key aspects of the POSH Act's definition of sexual harassment:
Unwelcome Conduct: The Act requires that the conduct be 'unwelcome' — the subjective experience of the Aggrieved Woman is central. Conduct that the Respondent may perceive as friendly or harmless can constitute sexual harassment if it was unwelcome to the woman.
The POSH Act 2013 and POSH Rules 2013 impose specific annual reporting, awareness, and training obligations on employers, which must be integrated into the organisation's annual compliance calendar. Annual Report to District Officer (Section 21): The ICC must prepare an annual report at the end of each calendar year and submit it to the employer and to the District Officer (the District Collector or an officer designated by the District Collector). The annual report must contain: (a) the number of complaints of sexual harassment received in the year; (b) the number of complaints disposed of during the year; (c) the number of cases pending for more than ninety days; (d) the number of workshops or awareness programmes conducted; (e) the nature of action taken by the employer. The annual report to the District Officer is submitted in the form prescribed under Rule 14 of the POSH Rules 2013. Failure to submit the annual report is an offence under Section 26 of the POSH Act. Annual Report in the Companies Act Context (Section 22): The employer must include in its annual report the number of cases filed under the POSH Act and the action taken. For companies governed by the Companies Act 2013, this disclosure is included in the Board's Report under Section 134(3)(q). A statement that 'no complaints were received during the year' is commonly included in Board Reports of compliant companies. Listed companies also disclose this information in SEBI BRSR reports.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
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