The POSH Act and safe workplaces in India: what employers need to know

What the Act is

The POSH Act, 2013 is the Indian law on sexual harassment of women at the workplace. It followed guidelines set by the Supreme Court in 1997, and puts duties on employers to prevent harassment, to offer a way to complain and to resolve complaints within set time limits.

Its protections are framed around women. Many organisations choose to apply their policy and process to everyone, whatever their gender, which is a policy decision rather than a requirement of the Act.

The Internal Committee

Every employer with ten or more employees must set up an Internal Committee at each office or branch. In general its members include:

• A Presiding Officer who is a senior woman employee.
• At least two employee members committed to the cause of women or with relevant experience or legal knowledge.
• One external member, from a non-governmental organisation or a person familiar with issues of sexual harassment.
• At least half of all members must be women.

Where there are fewer than ten employees, or the complaint is against the employer, a Local Committee at district level handles it.

The complaints process, in outline

1. A written complaint goes to the Internal Committee, generally within three months of the incident, with provision for an extension where there is good reason.
2. The complainant may ask for conciliation before an inquiry.
3. If there is an inquiry, the Committee follows a fair procedure, with both parties heard.
4. The inquiry is generally to be completed within ninety days.
5. The Committee reports its findings, and the employer acts on them.
6. Confidentiality of the parties is protected throughout.

What employers must do beyond the committee

• Provide a safe working environment.
• Display a notice of the penalties for sexual harassment and details of the Committee.
• Run awareness programmes and orientation for employees and Committee members.
• Provide facilities to the Committee for the inquiry.
• Report on cases and actions in the annual report, and to the district authority as the Act requires.

Non-compliance can bring penalties. Check the Act for the current provisions.

Beyond compliance: whether people trust it

A committee on paper does not make a workplace safe. What decides whether harassment is reported is whether people believe the process is fair, confidential and free of retaliation. That is a question of psychological safety and of a grievance process people trust.

• Do employees know the Committee exists, and who is on it?
• Do they trust it?
• Are cases resolved within the stated time?
• Is anyone protected from retaliation in practice?

The Academy principle Psychosocial Safety covers the wider duty of care.