The Prevention of Sexual Harassment (PoSH) Act, 2013 remains India’s cornerstone legislation for ensuring safe workplaces. For HR and compliance teams, understanding the complaint-to-compliance process is critical, not just for legal adherence, but for building trust and accountability.
This blog outlines the step-by-step procedure under the PoSH Act, supported by statutory sections and compliance obligations.
1. Incident Occurs (Section 2(n))
Sexual harassment at the workplace is defined broadly under Section 2(n). It includes unwelcome physical, verbal, or non-verbal conduct of a sexual nature. Employers must ensure awareness of what constitutes harassment to prevent ambiguity.
2. Filing a Complaint (Section 9)
- Who: Aggrieved woman
- Timeline: Within 3 months of the incident (extendable by another 3 months if justified)
- Where: Internal Committee (IC) or Local Committee (LC)
Employers must ensure the IC is properly constituted as per Section 4.
3. Preliminary Actions
- Receipt of complaint
- Option for conciliation (without monetary settlement) if requested by the complainant
Confidentiality must be maintained at all stages.
4. Inquiry Process (Section 11)
- Inquiry must be completed within 90 days
- Principles of natural justice apply, both parties must be heard
- Non-retaliation measures must be enforced
5. Inquiry Report (Section 13)
- Report submitted to employer and both parties
- Findings determine next steps:
5A. Allegations Proved
- Action against respondent (penalties, termination, compensation)
5B. Allegations Not Proved
- No action against respondent
- Protection for complainant against retaliation
5C. False Complaint (Section 14)
- Action only if malicious intent is proven, not for inability to substantiate claims
6. Appeal (Section 18)
- Either party may appeal within 90 days of the IC’s decision
- Appeals lie to the appropriate appellate authority under service rules or labour law framework
7. Employer Compliance (Section 19)
Employers must:
- Implement IC recommendations
- Conduct training and awareness programs
- Maintain confidentiality of proceedings
- Ensure non-retaliation against complainants
Non-compliance attracts penalties under Section 26.
8. Annual Reporting (Section 21)
- IC must submit an annual report to the employer and District Officer
- Report includes number of cases filed, disposed, and pending
- Employers must disclose PoSH compliance in their annual filings
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- Constitute IC with majority women members and external expert / member
- Display PoSH policy prominently in the workplace
- Conduct mandatory awareness sessions annually
- Maintain records of complaints, inquiries, and resolutions
- File annual PoSH compliance reports
Disclaimer: This blog is for educational purposes only. PoSH compliance may vary based on sector-specific rules and judicial interpretations. For case-specific advice, consult a certified Labour Law Consultant or practicing advocate.