This article is written by Atishay Jain, a former UPSC aspirant and a core member of the ApniLaw team. With a keen interest in public law and workplace rights, he brings clarity to complex legal topics like the POSH Act. For any personal queries or suggestions, feel free to reach out to us through our official channel.
Creating a safe and respectful workplace is not just a legal obligation, it is a fundamental right for every employee. The POSH Act, 2013, mandates strict measures to prevent and address sexual harassment at the workplace. Compliance with this law not only protects organizations from legal consequences but also fosters a culture of trust, equality, and dignity. By implementing the POSH Act’s provisions, companies demonstrate their commitment to employee well-being and ethical business practices.
What Are The Penalties for Employer Non-Compliance under Section 26 Of POSH Act?
Under section 26 of POSH Act If an employer fails to meet key requirements of the POSH Act, strict penalties apply. These include:
- Not setting up an Internal Committee as per Section 4(1)
- Not taking action under Sections 13, 14, and 22
- Violating, attempting to violate, or helping others violate any part of the Act or its rules
- The employer can face a fine of up to ₹50,000. If an employer commits the same offence again after a previous conviction:
- The punishment will double, up to the legal maximum for that offence
- The court will consider stricter penalties under other laws, if applicable
- The government or local authority may cancel or refuse to renew business licenses, approvals, or registrations
How Do Companies Ensure Compliance With POSH Act?
To ensure compliance with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (commonly known as the POSH Act), organizations in India must implement the following key measures:
1. Establish a Comprehensive POSH Policy
Organizations must draft and circulate a POSH policy that:
- Clearly defines what constitutes sexual harassment
- Explains the complaint and redressal mechanism
- Details the roles and responsibilities of the Internal Committee (IC)
- Specifies disciplinary actions and consequences for violations
2. Update Employment Contracts
Employment contracts should include a clause that:
- Declares sexual harassment as misconduct
- Specifies that such acts are subject to disciplinary action
This demonstrates the organization’s commitment to a safe and respectful workplace.
3. Constitute an Internal Committee (IC)
As per the Act, every organization with 10 or more employees must set up an IC with the following composition:
- Presiding Officer: A senior-level woman employee
- At least two employee members, preferably with legal or social work experience
- One external member from an NGO or association committed to women’s welfare
- At least 50% of the committee members must be women
4. Conduct Regular Awareness Programs
Employers must organize training sessions and workshops to educate employees about:
- The provisions of the POSH Act
- The organization’s POSH policy
- Procedures for reporting and addressing complaints
This promotes awareness and encourages a culture of accountability.
5. Implement a Complaint and Redressal Mechanism
A clear, confidential, and accessible system must be in place to:
- Lodge complaints
- Conduct unbiased inquiries
- Take timely and appropriate action based on the IC’s findings
6. Submit Annual Compliance Reports
The IC is legally required to prepare and submit an Annual Report to:
- The Employer
- The District Officer
This report must include:
- Number of complaints received and resolved
- Number of cases pending for more than 90 days
- Awareness and training programs conducted
- Actions taken by the employer
Deadline: The report must be submitted by January 31st every year, covering the previous calendar year.
7. Display Notices at Prominent Workplace Locations
Organizations must put up notices that:
- Highlight the POSH policy
- Provide contact information of IC members
- Explain the procedure for filing complaints
This should be done at all conspicuous places within the workplace, such as notice boards, break rooms, and washrooms.
8. Maintain Confidential Records
All records related to POSH complaints and proceedings must be:
- Securely maintained
- Kept strictly confidential
- Accessible only to authorized personnel
Conclusion
Ensuring compliance with the POSH Act is not just a legal formality—it is a commitment to building a safe, respectful, and inclusive work environment. Companies that take proactive steps not only avoid legal penalties and reputational risks but also foster trust, productivity, and employee well-being.
By prioritizing POSH compliance, organizations send a clear message: harassment will not be tolerated, and every employee deserves a secure workplace.
