Policy for Prevention of Sexual Harassment at Workplace (POSH)
In compliance with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and Rules, 2013.
Document Owner: Human Resources Version: 1.0 Effective Date: [DD Month YYYY] Applicable To: All employees, interns, consultants, contract staff and visitors Review Cycle: Annual, or upon regulatory change
1. Objective and Policy Statement
[Company Name] ("the Company") is committed to providing a safe, respectful and inclusive work environment for all employees, free from sexual harassment in any form. The Company has zero tolerance for sexual harassment at the workplace and treats it as a serious form of misconduct that will attract strict disciplinary and, where applicable, legal consequences.
This Policy is framed in compliance with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 ("the POSH Act") and the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013 ("the Rules"), and sets out the Company's commitment to preventing, prohibiting and redressing sexual harassment at the workplace.
This Policy applies in addition to, and does not limit, any rights available to an aggrieved person under any other law for the time being in force.
2. Scope and Applicability
This Policy applies to:
All employees of the Company, irrespective of designation, employment status (permanent, temporary, probationary), or tenure.
Interns, apprentices, trainees and consultants engaged by the Company.
Contract staff, agency staff and third-party personnel deployed at the Company's premises.
Any person visiting the Company's premises or interacting with employees in a work-related context, including vendors, clients and business partners.
This Policy applies to conduct occurring at the workplace as well as in circumstances arising "out of or in the course of" employment, including but not limited to:
Company premises, branch offices, and client sites.
Any place visited by an employee arising out of or during the course of employment, including transportation provided by the Company for the purpose of commuting to and from the workplace.
Work-related travel, off-site meetings, conferences, and Company-sponsored social events.
Virtual or digital interactions in the course of work, including official email, messaging platforms, video calls, and social media used for work purposes.
3. Definitions
3.1 Sexual Harassment
Sexual harassment includes any one or more of the following unwelcome acts or behaviour (whether directly or by implication), namely:
Physical contact and advances of a sexual nature.
A demand or request for sexual favours.
Making sexually coloured remarks.
Showing pornography.
Any other unwelcome physical, verbal or non-verbal conduct of a sexual nature.
The following circumstances, among other circumstances, if they occur or are present in relation to or connected with any act or behaviour of sexual harassment, may amount to sexual harassment:
Implied or explicit promise of preferential treatment in employment.
Implied or explicit threat of detrimental treatment in employment.
Implied or explicit threat about present or future employment status.
Interference with work or creating an intimidating, offensive or hostile work environment.
Humiliating treatment likely to affect health or safety.
3.2 Aggrieved Woman
A woman of any age, whether employed or not, who alleges to have been subjected to any act of sexual harassment, in relation to a workplace. This includes employees as well as any woman visiting the workplace, including clients, customers and delivery personnel.
3.3 Employee
A person employed at a workplace for any work, on a regular, temporary, ad hoc or daily wage basis, either directly or through an agent, including a contractor, with or without the knowledge of the principal employer, and includes co-workers, contract workers, probationers, trainees, apprentices, and persons called by any other name.
3.4 Respondent
A person against whom a complaint of sexual harassment has been made.
3.5 Workplace
Includes any Company office, branch, or unit; client premises; any place visited by an employee arising out of or during the course of employment (including transport provided by the Company); and, for the purposes of digital/hybrid work, any virtual environment used for official purposes.
4. Guiding Principles
Zero tolerance: The Company will not tolerate any act of sexual harassment, regardless of the seniority, tenure or role of the persons involved.
Confidentiality: The identity of the aggrieved person, the respondent, witnesses, and details of the complaint and inquiry will be kept strictly confidential, subject to the requirements of law.
Non-retaliation: No employee will be victimised, retaliated against, or subjected to any adverse action for raising a complaint in good faith, or for participating in an inquiry as a witness.
Fair process: Both the complainant and the respondent will be given a fair, unbiased, and time-bound opportunity to be heard.
Sensitivity: Complaints will be handled with sensitivity, without any bias, and without subjecting the aggrieved person to further distress.
5. Internal Committee (IC)
In accordance with Section 4 of the POSH Act, the Company has constituted an Internal Committee ("IC") at each office location employing 10 or more employees, to receive and inquire into complaints of sexual harassment.
5.1 Composition
The IC shall consist of the following members, nominated by the employer:
Presiding Officer — A woman employed at a senior level at the workplace. Where a senior-level woman employee is not available, the Presiding Officer may be nominated from another office or administrative unit of the Company.
Two or more Members — From amongst employees, preferably committed to the cause of women or who have had experience in social work or have legal knowledge.
One External Member — From a non-governmental organisation or association committed to the cause of women, or a person familiar with issues relating to sexual harassment, to bring in an external, independent perspective.
At least half of the total members nominated shall be women, in accordance with the Act.
5.2 Term
Members of the IC (other than the Presiding Officer, ex officio) hold office for a term not exceeding three years from the date of nomination, as prescribed under the Rules.
5.3 Contact Details
[Insert current IC composition, individual names, designations and contact details (email/phone) here. This section should be updated whenever IC membership changes, and the updated contact list should be prominently displayed at all Company locations and on the intranet, as required under Section 4 and Section 19 of the Act.]
An aggrieved woman may file a written complaint of sexual harassment with the IC. Where the aggrieved woman is unable to make a complaint on account of physical or mental incapacity or death, a complaint may be filed by her relative, friend, co-worker, an officer of the National/State Commission for Women, or any person who has knowledge of the incident, with her consent (or, where applicable, as permitted under the Rules).
6.2 Limitation Period
A complaint should ordinarily be filed within three months of the date of the incident, or, in case of a series of incidents, within three months of the last incident. The IC may extend this period by a further period not exceeding three months, if satisfied that circumstances prevented the aggrieved woman from filing the complaint within the original time limit, for reasons to be recorded in writing.
6.3 Mode of Complaint
A complaint may be submitted in writing to any member of the IC, or via the designated Company channel:
In-person submission to the Presiding Officer or any IC member.
Where the complainant is unable to make a complaint in writing, the Presiding Officer or any IC member shall render all reasonable assistance for making the complaint in writing.
The complaint should include a description of the incident(s), including date(s), location, names of respondent(s) and witnesses (if any), and any supporting material available.
6.4 Conciliation (Optional)
Before initiating an inquiry, the IC may, at the request of the aggrieved woman, take steps to settle the matter through conciliation, provided that no monetary settlement shall be made as a basis of conciliation. Where a settlement is arrived at, the IC will record it and forward the same to the employer for action. Conciliation is entirely optional and the aggrieved woman retains the right to proceed with a formal inquiry at any stage if conciliation is unsuccessful or not desired.
7. Inquiry Process
Upon receipt of a complaint, the IC will send one copy of the complaint to the respondent within seven working days.
The respondent shall file a reply to the complaint, along with supporting documents and a list of witnesses, within ten working days of receipt.
The IC will complete the inquiry within a period of 90 days from the date of receipt of the complaint.
During the inquiry, both the aggrieved woman and the respondent shall be given an opportunity to be heard, and to produce witnesses and relevant documents.
The inquiry will be conducted in a fair, impartial and confidential manner. Neither party shall be allowed to bring in legal practitioners to represent them during the inquiry proceedings, except as may be permitted under the Rules in specific circumstances.
On completion of the inquiry, the IC will prepare a written report of its findings and recommendations, and provide the same to the employer and to both parties within ten days of completion of the inquiry.
The employer shall act on the recommendations of the IC within 60 days of receipt of the report.
7.1 Interim Relief
During the pendency of the inquiry, on a written request from the aggrieved woman, the IC may recommend to the employer to:
Transfer the aggrieved woman or the respondent to any other workplace.
Grant leave to the aggrieved woman, up to a period of three months, in addition to leave otherwise available.
Restrain the respondent from reporting on the work performance of the aggrieved woman, and assign such reporting to another superior officer.
Grant such other relief to the aggrieved woman as may be considered appropriate.
7.2 Findings and Recommendations
Where the IC concludes that the allegation against the respondent has been proved, it will recommend to the employer to:
Take action against the respondent for misconduct in accordance with the Company's disciplinary process, treating sexual harassment as misconduct under the applicable service rules.
Deduct, as compensation payable to the aggrieved woman, an appropriate amount from the salary or wages of the respondent, having regard to factors prescribed under the Act (mental trauma, loss of career opportunity, medical expenses, income and financial status of the respondent, and feasibility of such deduction).
Where the IC concludes that the allegation has not been proved, it will recommend that no action be taken in the matter.
8. Disciplinary Action
Disciplinary action for proven cases of sexual harassment may include, depending on the severity and nature of the misconduct:
Written warning or reprimand placed on record.
Denial of promotion, increment, or other benefits.
Mandatory counselling or sensitisation training.
Suspension, demotion, or transfer.
Termination of employment / contract.
Referral to appropriate authorities where the conduct also constitutes a criminal offence.
The nature of disciplinary action will be determined by the employer, based on the IC's recommendations and in accordance with the Company's Code of Conduct and applicable service rules.
9. False or Malicious Complaints
The Company recognises that the right to a safe workplace must not be misused. Where the IC concludes, after inquiry, that a complaint was made with malicious intent, or that false or misleading evidence was produced, it may recommend action against the person who made the complaint or produced the evidence, in accordance with the Act.
However, a complaint shall not be treated as false or malicious merely because the allegation could not be substantiated during the inquiry. Good-faith complaints that are ultimately not proven will not attract any adverse action against the complainant.
10. Confidentiality
In accordance with Section 16 of the POSH Act, the contents of the complaint, the identity of the aggrieved woman, respondent and witnesses, information relating to conciliation and inquiry proceedings, and recommendations of the IC shall not be published, communicated or made known to the public, press or media in any manner, except for disclosure of the final outcome of an inquiry, as permitted under the Act (which shall not include the identity of the parties).
Breach of confidentiality by any person involved in the process may itself attract disciplinary action, in accordance with the Rules.
11. Protection Against Retaliation
The Company strictly prohibits retaliation of any kind against any person who, in good faith, reports an incident of sexual harassment, files a complaint, or participates in an inquiry as a witness. Any act of retaliation, victimisation or intimidation will itself be treated as misconduct and will attract disciplinary action, up to and including termination.
12. Awareness, Training and Capacity Building
The Company will conduct periodic awareness programmes and sensitisation training for all employees on this Policy, its scope, and the process for raising concerns.
IC members will be provided training on handling complaints, conducting inquiries, and relevant legal requirements.
This Policy, along with IC contact details, will be prominently displayed at all Company workplaces and shared with new joiners as part of onboarding.
The Company will conduct an orientation programme for IC members and organise workshops to build capacity, as required under the Rules.
13. Annual Report and Compliance
In accordance with Section 21 and Section 22 of the POSH Act, the IC will prepare an annual report and submit it to the employer, who will include the relevant particulars in its Annual Return, and, where applicable, the Board's Report. The Company will also file the requisite annual report with the District Officer, as prescribed under the Act.
The annual report will include the number of complaints received, number disposed of, number pending for more than 90 days, number of workshops/awareness programmes conducted, and nature of action taken, without disclosing the identity of any party.
14. Roles and Responsibilities
Employer / Company
Constitute and maintain the Internal Committee at all applicable locations.
Provide a safe working environment, and display this Policy and IC details prominently.
Provide necessary facilities to the IC for dealing with complaints and conducting inquiries.
Organise awareness and capacity-building programmes at regular intervals.
Treat sexual harassment as misconduct under applicable service rules and initiate action accordingly.
Assist in securing the attendance of the respondent and witnesses before the IC.
File the annual report as required under the Act.
Employees
Treat colleagues, clients and all persons at the workplace with dignity and respect.
Report any incident of sexual harassment witnessed or experienced, through the channels described in this Policy.
Cooperate with the IC during conciliation or inquiry proceedings, where called upon as a witness.
Maintain confidentiality of any information they become privy to during the process.
Internal Committee
Receive and register complaints, and acknowledge receipt promptly.
Conduct inquiries in a fair, timely and confidential manner, in accordance with the principles of natural justice.
Recommend interim relief where warranted, and submit findings and recommendations to the employer within the prescribed timelines.
Maintain records of all complaints and proceedings in a secure and confidential manner.
15. Local Committee
Where the complaint is against the employer itself, or where the workplace does not have an IC (for example, establishments with fewer than 10 employees, or where the complaint is against the employer), the aggrieved woman may approach the Local Committee constituted by the District Officer for the concerned district, as provided under Section 6 of the POSH Act.
16. Policy Review and Amendments
This Policy will be reviewed periodically, and at least annually, to ensure continued compliance with the POSH Act, the Rules, and any amendments thereto, as well as evolving best practices. The Company reserves the right to amend this Policy at any time, with such changes communicated to all employees.
Annexure A: Sample Complaint Form
This form is provided as a template. A complaint may also be submitted in free-text format, by letter, or by email, and need not use this exact form.
Name of the complainant:
Designation / Department:
Contact details:
Name and designation of the respondent(s):
Date(s) and location(s) of the incident(s):
Description of the incident(s) (please attach additional sheets if required):
Names and contact details of witnesses, if any:
Supporting documents/evidence enclosed (if any):
Relief sought (if any), including any request for interim relief:
Declaration: I hereby declare that the information provided above is true to the best of my knowledge and belief, and I understand that filing a false or malicious complaint may attract action under the Company's POSH Policy.
Filing of complaint by aggrieved woman — Within 3 months of incident (extendable by 3 months)
Copy of complaint sent to respondent — Within 7 working days
Respondent's reply — Within 10 working days of receipt
Completion of inquiry — Within 90 days of complaint
IC report shared with employer and parties — Within 10 days of completion of inquiry
Employer to act on recommendations — Within 60 days of receipt of report
Leave that may be granted as interim relief — Up to 3 months (in addition to existing leave)
Disclaimer: This document is a policy template prepared for general guidance and should be reviewed by qualified legal counsel and adapted to the Company's specific structure, locations and employee strength before adoption, to ensure full compliance with the POSH Act, 2013, applicable state rules, and any subsequent amendments.