PoSH compliance: a working checklist for employers

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, commonly called the PoSH Act, applies to almost every workplace in India: offices, factories, hospitals, schools, shops and NGOs. For employers in Coimbatore's mills, engineering units and service companies, these are the core obligations.

Constitute an Internal Committee

Every employer with ten or more employees must constitute an Internal Committee at each office or administrative unit. The committee must have:

• a Presiding Officer, who is a senior woman employee;
• at least two employee members committed to the cause of women, or with legal knowledge or social work experience;
• one external member from an NGO or association committed to the cause of women, or a person familiar with issues of sexual harassment.

At least half the members must be women, and members hold office for up to three years. Women working in establishments with fewer than ten employees, or whose complaint is against the employer, can approach the Local Committee constituted by the District Officer.

Adopt and display a policy

Frame a written policy against sexual harassment. Display, at a conspicuous place, the penal consequences of sexual harassment and the order constituting the Internal Committee, with members' names and contact details.

Train employees and the committee

The Act requires employers to hold workshops and awareness programmes for employees at regular intervals, and orientation programmes for committee members. In practice, managers and supervisors need their own session, because they are often the first to hear of a complaint.

Know the timelines

• A complaint is to be made within three months of the incident, extendable by another three months for valid reasons.
• Before an inquiry, the committee may attempt conciliation if the complainant asks for it, but a monetary settlement cannot be its basis.
• The inquiry is to be completed within 90 days.
• The committee's report goes to the employer within 10 days of completing the inquiry, and the employer must act on it within 60 days.

File the annual report

The Internal Committee must prepare an annual report and submit it to the employer and the District Officer. Employers that publish annual reports must include the number of cases filed and disposed of; others must inform the District Officer.

Why this matters now

In 2025, the Supreme Court directed a district-wise survey to verify whether workplaces have constituted Internal Committees, with the data to be uploaded to the government's SHe-Box portal. Non-compliance can attract a fine of up to ₹50,000, a higher penalty for repeat violations, and cancellation of business licences or registration.