POSH Act Compliance Checklist for Indian Workplaces

Short answer: the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 expects an employer to do a handful of things well: constitute the right committee, make people aware, protect confidentiality, support the process, and report. This article explains each in plain words, and what to look at in your own workplace.

This article is general information, not legal advice.

1. An Internal Committee that is properly constituted

The employer must constitute an Internal Committee (IC) by a written order, at each office or administrative unit, once the workplace has 10 or more employees. The IC has a senior-level woman as Presiding Officer, at least two employee members and one external member, and at least half its members must be women. Members' terms run up to three years.

What to look at: Is the order current? Are all offices covered? Is there an external member? See When Is an Internal Committee Required? and Role of the External Member in an IC.

2. A policy people can find

The Rules ask the employer to formulate and widely circulate an internal policy or charter against sexual harassment. A policy is only useful if employees have seen it and know what it says.

What to look at: Is it written, approved, and given to employees (including new joiners)?

3. Display

The employer must display, at a conspicuous place, the penal consequences of sexual harassment and the order constituting the Internal Committee. The Rules also call for the IC members' names and contact details to be declared.

What to look at: Is it displayed at every office, and is it up to date after any change in the committee?

4. Awareness for employees

The Act asks employers to organise workshops and awareness programmes at regular intervals to sensitise employees. The Act does not fix a number of sessions a year, so how often is a judgement for the employer, based on the workforce, turnover and risk.

What to look at: Which groups have been reached? Do new joiners get the basics? Are field and contract staff included?

5. Orientation for committee members

The employer must also run orientation programmes for the Internal Committee's members. The Rules mention orientation and capacity-building for members.

What to look at: Has every member, including the external member, been oriented in the last term?

6. Facilities and cooperation

The employer must give the committee the facilities it needs to deal with a complaint, help secure the attendance of respondents and witnesses, and provide information the committee asks for.

What to look at: Does the committee have a private space and a way to keep records safely?

7. Confidentiality

The contents of a complaint, the identities of the parties and witnesses, and details of the process and recommendations must not be published or shared with the public or media. A breach can attract a penalty.

What to look at: Who has access to committee records? Is confidentiality part of every member's briefing?

8. Treating sexual harassment as misconduct

The employer must treat sexual harassment as misconduct under its service rules and act on the committee's recommendations.

What to look at: Does your code of conduct or service rules say so clearly?

9. Records and reporting

The committee prepares an annual report each calendar year and submits it to the employer and the District Officer. The employer includes the number of cases filed and disposed of in its own annual report, or informs the District Officer of the figures if no such report is required.

What to look at: Who is responsible for the numbers, and when?

What non-compliance can mean

An employer who fails to constitute an IC or otherwise contravenes the Act can be fined up to ₹50,000. A repeat offence can lead to a higher penalty and possible action on a licence or registration. The reputational and trust cost of a poorly run process is often greater.

Get the full checklist

This article gives the overview. For a structured self-assessment that you can walk through with your HR team, download our free POSH Readiness Checklist. It shows where the gaps are. Closing them takes people who understand the process.

Where training helps

Items 4 and 5 are where training directly supports compliance. See POSH Training in India for employee, manager and leadership programmes, and IC/ICC Member Training for committee members. If you want wider support, ask us about POSH compliance support.

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Information on this website is for training and general awareness. It does not constitute legal advice. Organisations should obtain advice appropriate to their facts and applicable law.

Sources: Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and Rules, 2013 — text of the Act and Rules.