Is your Organisation POSH Compliant ? A Step-by-Step Checklist

Is your Organisation POSH Compliant ? A Step-by-Step Checklist
Dr. Aparna Sethi
Corporate Trainer and Author

We know what is POSH, but what is POSH compliant? Do we know about it? Let us learn more about it in today’s topic.

An organization that is POSH compliant adheres to the Prevention of Sexual Harassment (POSH) at Workplace Act, 2013, which is an Indian law aimed at preventing and addressing sexual harassment of women at the workplace.

Key Requirements for POSH Compliance

To be POSH compliant, an organization must do the following:

  1. Establish an Internal Committee (IC): Any organization with 10 or more employees (irrespective of gender) must constitute an Internal Committee to handle sexual harassment complaints. The IC must have at least 4 members, including: A Presiding Officer (a senior woman employee). At least two employees familiar with social work, legal knowledge, or women’s rights. One external member from an NGO or someone familiar with the issue of sexual harassment.
  2. POSH Policy: Draft and implement a formal POSH policy that outlines: What constitutes sexual harassment. The process to raise complaints. The investigation and redressal mechanism. Measures to prevent harassment.
  3. Employee Awareness & Training: Conduct regular training and awareness programs for employees and IC members. New employees must be informed about POSH during onboarding.
  4. Complaint Mechanism: Provide a confidential and accessible process for filing complaints. Ensure timely resolution (usually within 90 days).
  5. Annual Report: The IC must prepare and submit an annual report to the District Officer with: Number of complaints received. Actions taken. Details of awareness programs.
  6. Display POSH Guidelines: Display the POSH policy and contact details of the IC prominently in the workplace.

Consequences of Non-Compliance: A non-compliant organization may face penalties up to ₹50,000. Repeated violations can lead to higher fines and possible cancellation of business licenses. To know in detail, do these courses: POSH training for employees, POSH training, POSH certification.

Here is a step-by-step checklist to help you determine if your organization is POSH compliant under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013:

✅ POSH Compliance Checklist

📌 Step 1: Applicability Check: Does your organization have 10 or more employees (including part-time, contract, interns, etc.)? If yes, POSH compliance is mandatory.

📌 Step 2: Constitution of the Internal Committee (IC): Has your organization constituted an Internal Committee (IC)? Does the IC have a Presiding Officer (senior woman employee)? Does the IC have at least two members from the organization familiar with legal/social issues or employee welfare? Is there one external member from an NGO or someone experienced in gender-related issues? Is the tenure of IC members defined (usually 3 years)? Has the IC received training in handling sexual harassment complaints?

📌 Step 3: POSH Policy Drafting & Communication: Has a formal POSH policy been drafted? Does the policy define: What constitutes sexual harassment? Scope (workplace, extended workplace, etc.)? Complaint process, timelines, and responsibilities? Disciplinary actions and appeal process? Is the POSH policy accessible to all employees (e.g., shared on email, intranet, displayed)? Is the policy available in local languages as needed?

📌 Step 4: Awareness & Training: Are employees trained regularly on POSH and workplace conduct? Are new joiners introduced to the POSH policy during onboarding? Are IC members given specific legal and procedural training? Are posters or notices about POSH rights and complaint mechanisms displayed prominently in the workplace?

📌 Step 5: Complaint Handling Mechanism: Is there a confidential mechanism for filing complaints? Is the IC independent and unbiased in handling complaints? Are investigations completed within 90 days of complaint receipt? Are parties informed of findings and actions taken? Are records maintained securely and confidentially?

📌 Step 6: Annual Report Filing: Has the IC submitted an Annual Report to the District Officer? Does the report include: Number of complaints received, resolved, and pending? Types of actions taken? Training or awareness sessions conducted?

📌 Step 7: Employer’s Responsibilities: Is the employer taking steps to ensure a safe working environment? Are false complaints discouraged through policy provisions, without discouraging genuine ones? Are external vendors, clients, and contract workers also made aware of POSH norms?

Conclusion:

If all the above boxes are checked, your organization is POSH compliant. If any box is unchecked, action is required to ensure compliance and avoid legal consequences. Being POSH compliant is not just a legal requirement under Indian law — it’s a crucial step toward building a safe, respectful, and inclusive workplace. By following the step-by-step checklist, your organization demonstrates its commitment to preventing sexual harassment and upholding the dignity of all employees.

Failure to comply with POSH regulations can result in legal penalties, reputational damage, and a toxic work culture. On the other hand, compliance fosters employee trust, enhances workplace morale, and promotes long-term organizational success. To get more information about POSH these courses will help POSH training for employees, POSH training, POSH certification.

In summary:
✔ Establish a well-trained Internal Committee
✔ Implement and communicate a clear POSH policy
✔ Provide regular training and awareness
✔ Handle complaints fairly and confidentially
✔ Submit mandatory reports annually

 

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