POSH Act India 2025 — Sexual Harassment at Workplace: Rights & Complaint Process

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 — commonly known as the POSH Act — is India's primary law protecting employees from sexual harassment at work.

Every employee should know what this law covers, what to do if harassment occurs, and what obligations employers have.

What is Sexual Harassment Under POSH Act?

The Act defines sexual harassment broadly — both physical and non-physical forms. It includes:

• Physical contact and advances (unwanted touching)
• Demand or request for sexual favors
• Making sexually colored remarks
• Showing pornography or offensive material
• Any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature

It also covers situations that create a hostile work environment:

• Implied or explicit threat related to employment (promotion/demotion) if sexual request refused
• Humiliating treatment affecting health or safety

"Workplace" under POSH Act includes the office, travel during work, client sites, work-related events, and even online/digital communication.

Who is Covered?

• Complainant: Any woman employee (permanent, temporary, contractual, daily wage, intern, apprentice)
• Respondent: Can be any person — employer, co-worker, contractor, client, visitor
• Workplace: Extended workplace — any place visited during employment

Note: Current POSH Act protects women employees. Male or other gender employees facing harassment have recourse under IPC (now BNS) provisions.

Employer Obligations Under POSH Act

Every establishment with 10+ employees must:

1. Form an Internal Complaints Committee (ICC) — minimum 4 members, presiding officer must be a senior woman employee, 50% members from NGO/legal field
2. Display POSH policy prominently in workplace
3. Conduct awareness programs for employees
4. Submit annual report to District Officer
5. Take action on ICC recommendations within 60 days

For establishments with fewer than 10 employees — a Local Complaints Committee (LCC) exists at the district level.

How to File a Complaint

Step 1: Identify the Correct Body

• Company has 10+ employees → File with Internal Complaints Committee (ICC)
• Company has <10 employees → File with Local Complaints Committee (LCC) at District Office
• Respondent is employer → File with LCC (not ICC)

Step 2: File Written Complaint Within 3 Months

Complaint must be filed within 3 months of the incident (extendable by ICC for good reason). Should include:

• Date, time, place of incident
• Description of what happened
• Name of the respondent
• Any witnesses or evidence

Step 3: ICC Inquiry Process

1. ICC sends notice to respondent within 7 days
2. Respondent replies within 10 working days
3. ICC conducts inquiry (both parties heard)
4. Inquiry must be completed within 90 days
5. ICC submits report with recommendations to employer within 10 days
6. Employer must act on recommendations within 60 days

Protection During Inquiry

During inquiry, ICC can recommend interim relief:

• Transfer of complainant or respondent to different department/location
• Complainant can be granted leave for duration of inquiry
• No adverse action (termination, demotion) against complainant

Penalties — For Both Sides

Action	Consequence
Sexual harassment proven	Termination, salary deduction, demotion (as per service rules)
False/malicious complaint	Action against complainant (but absence of proof ≠ false complaint)
Breach of confidentiality	Fine up to ₹5,000
Employer non-compliance	Fine up to ₹50,000; doubled for repeat offense; business license cancellation

What If Employer Has No ICC?

Non-constitution of ICC despite 10+ employees is an offense. You can:

1. File complaint directly with Local Complaints Committee (District Officer)
2. Simultaneously file complaint against employer for POSH Act non-compliance
3. Approach National Commission for Women