POSH Full Form: Meaning, Rules, Complaint & POSH Act 2013 Explained

Most Indian employees have come across the term POSH – either at onboarding, as part of a compliance email or even on a notice board at the office pantry. Fewer would know what it stands for or the details around it. That is the primary reason why the answer to the question what is the full form of POSH matters so much. Although it is a legal requirement, it goes way beyond a wall poster (which is why most companies have them). There are timelines, committees and more that come into play when speaking about the Prevention of Sexual Harassment rules. For starters, let’s begin with understanding the full form of POSH, followed by its rules and how to file a complaint. Read this article to know everything about the full form of POSH and the POSH Act 2013 in detail.

What is POSH? Full Form and Meaning

The full form of POSH is Prevention of Sexual Harassment. It implies that the act in question is the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act of 2013, which was enforced across India from 9th December 2013.

Prior to the passage of this law, the Vishaka Guidelines issued by the Supreme Court in 1997 were used by employers. While they were instrumental in bringing about the necessary change in the corporate world, they weren’t statutory.

So in practice, POSH includes three elements:

• The Law: All organisations must comply with statutory requirements.
• The Internal Body: Mandatory Internal Committees (IC) for workplaces of 10+ employees.
• The Policy: Clear workplace norms for prevention, prohibition and redressal.

That is why the term itself is also used interchangeably for each of the three. Now, let’s look at why POSH is important in the first place, particularly in a corporate setup.

Why is POSH Important in Corporate Workplaces?

The alternative of a well-thought-out POSH framework – ad hoc processes, or none at all – has its costs. Not necessarily visible right away, but with time, they start to show in the form of low employee retention due to a poor culture of trust.

• Creates a Safe and Respectful Workplace: Having the POSH policy and the Internal Committee in place helps in getting appropriate action taken in case of a complaint. This distinction matters considerably, since a significant proportion of harassment goes unreported simply because employees are uncertain where to take a concern.
• Ensures Legal Compliance: Legal compliance is mandatory for firms having at least ten employees. Firms failing to set up a POSH cell and/or formulate an appropriate policy will face financial repercussions and, in case of repeated violations, further legal action will be taken.
• Enhances Employee Trust and Well-being: Employees who know their complaints are going to be taken seriously are more likely to bring forth any problems before they become serious. When that does not happen, it usually results in unresolved problems and leaving the job, rather than reporting the issue.
• Promotes Workplace Equality and Inclusion: Harassment left untreated will eventually drive away the victim, mainly female employees, from positions in public eye, important projects, and career opportunities. An effective POSH policy works towards this objective to a great extent by removing one of the biggest barriers.
• Strengthens Employer Brand: Compliance with the POSH law, and more importantly, a functional policy and internal processes, has become a key element in due diligence processes for investors, partners and even potential employees. As such, organisations with a well-articulated and functioning policy enjoy a demonstrable advantage over competitors who may not have one.

Where Does the POSH Act Apply?

POSH rules apply to all establishments, including private limited companies, government undertakings, public sector units, NGOs, hospitals, educational institutions, the unorganised sector and more. There are no carve-outs for industries or types of businesses.

Moreover, it applies not just to the office premises but also during work-related travel, visits to the workplace of a client or other parties, and even attending social gatherings related to employment. Even for organisations with a small employee base, the rules hold albeit with some variations, as we will see in detail later.

Key POSH Compliance Requirements for Employers

Establish an Internal Committee (IC)

Any office or branch with ten or more employees is required to constitute an Internal Committee, sometimes still referred to by its earlier name, the Internal Complaints Committee. The committee must be headed by a senior woman employee as Presiding Officer, include at least two internal members with relevant experience in social work or legal matters, and one external member drawn from an NGO or otherwise familiar with sexual harassment issues. Women must comprise at least half the committee’s members. Organisations with fewer than ten employees, or complaints involving the employer directly, fall under the Local Committee constituted at the district level.

Publish and Communicate a POSH Policy

Creating the policy is the easier bit of POSH compliance. Making sure it gets communicated to the employees and not just stored in an onboarding file that hardly ever sees the light of day is where most organisations fail. What the policy entails needs to be clearly mentioned, along with the complaint process and the workings of the Internal Committee.

Conduct Mandatory POSH Training

A single training session at the induction is neither enough nor appropriate for any reasons legal or practical. People hardly remember anything about such a single brief, especially after a few years of service.

Maintain Complaint Records and Annual Reports

Organisations need to maintain a record of all the complaints received by them and their status for compiling an annual report. It is not only an exercise in compliance, but also a means of safeguarding the organisation from being challenged with a bad decision.

Roles and Responsibilities of Employers and Employees

Employer Responsibilities

Employers need to establish the Internal Committee, prepare and distribute the policy, provide funding for training, and ensure the workplace is safe for everyone, including those working from home and hybrid workplaces, which employers often neglect. Employers are also obligated to follow Internal Committee recommendations within the time frame provided by law.

Employee Responsibilities

Employees are supposed to know the policy, respect colleagues, make their complaints via the designated channel and not informally, and participate in inquiries when the Internal Committee calls them as witnesses or subjects. The Act also covers the issue of false complaints, which means employees also have to avoid misusing the procedure.

How to File a POSH Complaint? Step-by-Step

Step 1: Gather Information 

Before lodging the formal complaint, all information regarding the incident in question should be collected. It will aid the Internal Committee in investigating the matter. The information is not required to be documented formally or legally. Just a brief account with the supporting evidence in chronological order would do.

Step 2: File a Written Complaint 

The complaint is to be lodged in writing within three months after the occurrence of the incident in question to the Internal Committee. The IC can grant an extension of 3 more months if there is reasonable justification for the delay. If the complainant is unable to file the complaint himself, he can have some other authorised person lodge the complaint on his behalf.

Step 3: The Internal Committee (IC) Investigates 

The Internal Committee (IC) will carry out a fact finding inquiry. This will involve interviewing the complainant, respondent, and witnesses. During this phase, the IC may recommend interim relief such as transfer of the respondent or complainant, or a change in reporting structure. The complainant may also be recommended for paid leave.

Step 4: Investigation Report and Action 

The IC must finish its inquiry within 90 days of filing. Once the report is issued, the employer is legally obligated to act on its recommendations within 60 days.

Step 5: Appeal Process 

Either the respondent, the complainant, or the employer can appeal against an order passed by the Internal Committee. This appeal must be filed with the concerned civil court within 90 days of the passing of the order.

POSH Act 2013: Key Provisions Every Workplace Must Know

Provision 1: The 10 Employee Rule

Any establishment which employs ten or more employees must constitute an Internal Committee. This means that organisations with less than ten employees must turn to the Local Committee at the district level

Provision 2: Time-Bound Investigation (Within 90 Days)

The Internal Committee must finish its inquiry and report findings to the employer within 90 days of receiving the complaint. This is done to prevent delays and unnecessary stress to all parties involved. This is particularly important in the context of mental health and well being.

Provision 3: Confidentiality Protection

The identities of the complainant, respondent, and witnesses must remain confidential throughout the process. Disclosure of these details, or of case specifics, constitutes a separate violation under the Act.

Provision 4: Protection Against Retaliation 

This provision ensures that no employee can face any adverse action on raising a complaint in good faith. This could include any punishment such as transfer, demotion, or even termination of employment. Other protective measures include leave of absence up to three months for the complainant, and transfer during the course of inquiry.

Provision 5: Mandatory Annual Report

The Internal Committee must prepare an annual report that includes the details of all the complaints received, investigated, and actions taken during the year. This report should be filed with the Local Committee and the employer.

Steps to prevent sexual harassment in the workplace

• Implement a clear POSH policy: Having a clearly worded policy helps set the expectation before an incident takes place, thus reducing ambiguity.
• Conduct regular awareness & training sessions: Training is necessary, but a one-day induction program, usually conducted during onboarding, is not enough. They must be conducted periodically to keep the policy fresh in the minds of employees.
• Set up an Internal Complaints Committee (ICC): A functional Internal Committee is critical to the process. It is always better to have it in place before an incident occurs.
• Promote open and safe communication: If employees are afraid to raise a concern, it defeats the very purpose of having a policy and a committee.
• Maintain confidentiality and sensitivity: The manner in which a complaint is handled often matters as much as its outcome. A lapse in discretion can undermine an otherwise sound process.
• Take immediate and fair action: Often, delay in action is seen by employees as inaction. It is always better to respond to a concern even if the organisation is uncertain about the next steps. The process can be clarified later, but action shows that the organisation takes the issue seriously.
• Display POSH guidelines at the workplace: Noticeboards and internal websites are effective mediums to share information. When it comes to a POSH policy, it is important to keep it visible so that all employees can refer to it when they need to.

Best-practice POSH Implementation Checklist

Conclusion

POSH Act, which is applicable in workplace settings in India, is not absolute despite effective policy, as it relies considerably on how well the implementation at the ground level takes place. Learning the full form of POSH is one thing, but developing effective policy and ensuring that the personnel are trained accordingly are other and no less important tasks. The Internal Committee must be involved to ensure that everything is done for the best.

FAQs of POSH