Sexual Harassment at Workplace – Your Rights Under POSH Act
What is the POSH Act?
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) protects women from sexual harassment at their workplace. It is mandatory for every organisation with 10 or more employees to implement.
What Counts as Sexual Harassment?
Under the POSH Act, sexual harassment includes any unwelcome act or behaviour such as:
- Unwelcome physical contact and advances
- Demand or request for sexual favours
- Showing pornography
- Making sexually coloured remarks
- Any unwelcome verbal, non-verbal, or physical conduct of a sexual nature
It also includes:
- Implied or explicit promises of preferential treatment in exchange for sexual favours
- Threats related to employment status
- Creating a hostile work environment
Who is Protected?
The Act protects all women at the workplace, including:
- Permanent, temporary, and contractual employees
- Trainees, apprentices, interns
- Home-based workers
- Domestic workers
- Women visiting the workplace (vendors, clients, visitors)
The Internal Complaints Committee (ICC)
Every organisation with 10+ employees must have an ICC. The ICC must have:
- A Presiding Officer who is a senior woman employee
- At least 2 members from among employees (preferably committed to women's causes)
- At least 1 external member from an NGO or woman's association
- Women must constitute at least half of ICC members
If your employer has no ICC: This is itself a violation of the Act. The employer can be fined ₹50,000. You can file with the Local Complaints Committee (LCC) at the District level instead.
How to File a Complaint
Step 1: File with the ICC (or LCC)
Submit a written complaint within 3 months of the incident (can be extended by 3 more months for valid reasons). The complaint must include:
- Description of the incident(s) with dates
- Names of witnesses (if any)
- Copies of relevant documents (messages, emails, etc.)
Step 2: ICC Inquiry Process
- ICC must complete the inquiry within 60 days
- Both parties are heard
- Conciliation may be attempted first if the complainant requests
- Strict confidentiality must be maintained
Step 3: ICC Report and Recommendations
If harassment is found:
- Employer must take action within 60 days of receiving report
- Actions can include: warning, written apology, withholding promotion, termination, compensation
Step 4: Appeal
If unsatisfied with ICC decision:
- Appeal to the court or tribunal within 90 days
Protection from Retaliation
The POSH Act prohibits retaliation against a complainant. Your employer cannot:
- Fire you for filing a complaint
- Demote you
- Withhold your promotion or salary
- Create a hostile environment after your complaint
If retaliation happens, file a separate complaint with the ICC or LCC.
Employer Obligations
Every employer must:
- Constitute an ICC
- Display information about POSH Act at the workplace
- Conduct awareness workshops for employees
- File an annual report with the District Officer about complaints received
Penalty for non-compliance: Fine up to ₹50,000 (doubled for repeat offence). Licence or registration of business can be cancelled.
Local Complaints Committee (LCC)
If your employer has fewer than 10 employees, or has no ICC, file with the LCC:
- Constituted by the District Officer / District Magistrate
- Functions the same as an ICC
- Contact your District Collectorate to find the LCC
Helplines
- iCall POSH Helpline: 9152987821
- National Commission for Women: 7827170170
- NALSA Free Legal Aid: 15100
- Women Helpline: 181