A strong POSH framework is not just about legal compliance—it is about creating a culture of respect, safety, dignity and inclusion for everyone at the workplace

A strong POSH framework is not just about legal compliance—it is about creating a culture of respect, safety, dignity and inclusion for everyone at the workplace.

1. Internal Committee (IC) Composition

The Internal Committee must include:

• Presiding Officer: A senior-level woman employee.
• At least two employee members having suitable knowledge, experience or interest in social work, women’s welfare or related areas.
• One external member from an NGO/association committed to the cause of women or a person familiar with issues relating to sexual harassment.
• At least 50% of the total IC members must be women.
• IC members may hold office for a period not exceeding 3 years, subject to the applicable statutory requirements.

2. Complaint Submission

• A complaint should ordinarily be made in writing within 3 months from the date of the incident or, in case of a series of incidents, from the date of the last incident.
• The IC may extend the period by up to 3 additional months, where justified and where reasons are recorded in writing.
• If the aggrieved woman is unable to make the complaint in writing, the Presiding Officer or any IC member must provide reasonable assistance to enable her to make the complaint.
• Appropriate assistance should be provided where the aggrieved woman is unable to submit the complaint independently.

3. Notice to the Respondent

• A copy of the complaint should be provided to the respondent by the IC within 7 working days of receiving the complaint.
• The respondent should submit a written response within 10 working days of receiving the complaint.
• The response may include supporting documents and details of witnesses.

4. Conciliation

• Before commencing an inquiry, the IC may attempt conciliation only at the request of the aggrieved woman.
• Conciliation should be voluntary and appropriately documented.
• Monetary settlement cannot be made the basis of conciliation.
• If conciliation is successful, the settlement should be recorded and dealt with in accordance with the applicable statutory requirements.

5. Inquiry Procedure

The inquiry must provide both parties a fair and reasonable opportunity to present their case.

The IC may examine:

• Documents and records
• Witnesses
• Statements of the parties
• Other relevant evidence

Throughout the process, the IC should maintain:

• Natural justice
• Impartiality
• Confidentiality
• Evidence-based decision-making
• Fair opportunity to both parties

The inquiry should be conducted without bias, intimidation or unnecessary delay.

6. Inquiry Timeline

The statutory framework provides the following key timelines:

• Inquiry: To be completed within 90 days.
• Inquiry report: To be provided to the concerned parties within 10 days of completion of the inquiry.
• Employer action: Recommendations to be acted upon within 60 days.
• Appeal: May generally be preferred within 90 days, subject to the applicable statutory provisions.

HR should maintain a clear POSH case tracker to monitor all statutory timelines.

7. Interim Measures

During the inquiry, appropriate interim measures may be considered at the request of the aggrieved woman, as permitted under Section 12.

Depending on the circumstances, measures may include appropriate workplace arrangements intended to:

• Protect the aggrieved woman from further harassment.
• Prevent direct interaction where appropriate.
• Support a safe working environment.
• Preserve the integrity of the inquiry.

Important: Interim measures are protective in nature and must not be treated as a finding of guilt.

8. Confidentiality

Strict confidentiality must be maintained throughout the POSH process.

The following information must be protected:

• Identity and personal details of the aggrieved woman
• Identity and details of the respondent
• Identity of witnesses
• Contents of the complaint
• Inquiry proceedings
• Evidence and documents
• Findings and recommendations
• Action taken

Access should be strictly on a need-to-know basis.

No information should be disclosed or circulated except as permitted under the applicable law.

9. False / Malicious Complaint

A complaint should not be treated as false or malicious merely because the allegation could not be substantiated.

Failure to prove an allegation does not automatically establish that the complaint was knowingly false or malicious.

Any action relating to a false or malicious complaint must be taken only when the required statutory findings are established.

The IC must carefully distinguish between:

“Allegation not proved” and “knowingly false or malicious complaint.”

10. Annual Report & Compliance

The Internal Committee should prepare the annual report for each calendar year from 1 January to 31 December and submit it to the employer and the District Officer as prescribed.

The report should include applicable details such as:

• Number of complaints received
• Number of complaints disposed of
• Number of cases pending beyond the prescribed period
• Awareness programmes conducted
• Action taken by the employer

HR should maintain a POSH Compliance Calendar to ensure timely completion of all statutory and internal requirements.

HR Compliance Essentials

PREVENT

• Conduct regular POSH awareness programmes.
• Communicate the organisation's zero-tolerance approach.
• Display the POSH policy and IC details at the workplace.
• Train IC members on inquiry procedures.
• Ensure employees know how and where to submit a complaint.

PROHIBIT

• Do not tolerate sexual harassment.
• Prevent retaliation against complainants or witnesses.
• Maintain confidentiality.
• Avoid victimisation or discrimination during the inquiry.
• Ensure IC members act independently and impartially.

REDRESS

• Receive complaints sensitively.
• Follow statutory timelines.
• Provide reasonable opportunity to both parties.
• Maintain proper documentation and evidence.
• Implement IC recommendations within the applicable timeline.
• Maintain appropriate records for audit and statutory compliance.

ZERO TOLERANCE TOWARDS SEXUAL HARASSMENT

Let's build safe, respectful & inclusive workplaces.

A compliant POSH framework is more than a statutory requirement. It is an organisational commitment to ensuring that every individual can work in an environment based on safety, dignity, respect and fairness.