The Prevention of Sexual Harassment (POSH) at workplace Act is applicable to every workplace, establishment, company or organization employing 10 or more employees (full time, part time, interns or consultants included) irrespective of its location or nature of the industry.

Annual returns

As per the provisions of the Prevention of Sexual Harassment Act, there are 2 reports which are required to be submitted by the employer:

  1. It is the duty of the ICC to submit an annual report, which includes the number of cases filed/disposed of every calendar year to the employer and district office.
  2. The employer also has a statutory obligation to ensure that this report is included in the annual report of the organization filed with the Registrar of companies.

Internal Complaints Committee and Local Complaints Committee

Internal Complaints Committee– Every employer of a workplace is liable to constitute an ‘Internal Complaints Committee’ and if the office and the administrative units are located separately the Internal Committee shall be constituted at all administrative units or offices.

The Committee must consist of –

  • A Presiding Officer who shall be a woman employed at a senior level at the workplace from amongst the employees
  • At least two Members from amongst employees preferably committed to the cause of women or who have had experience in social work or have legal knowledge
  • One member from amongst non-governmental organizations or associations committed to the cause of women or a person familiar with the issues relating to sexual harassment.

Complaint Filing

Any aggrieved lady/woman may file a complaint in writing for sexual harassment at the workplace to the Internal Complaints Committee or the Local Complaints Committee (in absence of the former) within a period of three months from the date of the incident. However, in case of a series of instances (multiple times), the complaint must be filed within three months of the last incident.

Also, when such complaint can’t be made in writing, the Presiding Officer of any member of ICC or Chairperson of LC are can render all reasonable assistance to woman in filing the compliant, furthermore, the ICC or the LC may extend the duration of three months if they deem fit of the reasons and circumstances were potent enough to prevent such female in filing the complaint in the desired time.

In case e the aggrieved woman is unable to make a complaint on account of her physical or mental incapacity or death or otherwise, her legal heir or such other person may make a complaint.

Trainings/ Policies

The appropriate government is empowered to develop relevant information, education communication and training materials, and organize awareness programmers, to advance the understanding of the public of the provisions of the Act and in doing so they can formulate orientation and training programmers for the members of the Internal Complaints Committee or Local Committee.