POSH policy template for Indian workplaces

When you need this

• Once your workplace meets the threshold at which an Internal Committee must be constituted
• Before the first enterprise customer or investor asks for it in diligence
• When a complaint arrives and the process has to already exist
• As part of the employee handbook and the induction pack
• Whenever the Internal Committee's composition changes and the policy names members

What this document must contain

• The statutory definition of sexual harassment — Use the Act's definition rather than a paraphrase. A narrower definition in your policy does not narrow the Act, it just creates a conflict.
• Scope of workplace and who is covered — The Act's concept of workplace is broad and reaches beyond the office, and coverage extends beyond permanent employees. Both should be reflected.
• The Internal Committee and its composition — Constituted under s. 4, with a Presiding Officer who is a woman at a senior level, members from among employees, and an external member from an NGO or association familiar with the issues, with at least half the members being women.
• How to complain, and to whom — Named members with contact details, and the time within which a complaint may be made. A process nobody can find is not a process.
• The inquiry procedure — Timelines, the right of both parties to be heard, and confidentiality throughout.
• Protection against retaliation — Stated expressly. Fear of retaliation is the main reason complaints are not made.
• Interim relief and the outcome framework — What relief may be recommended during the inquiry, and what action may follow a finding.

The law that governs it

• POSH Act, 2013 — s. 4 — Every employer of a workplace must constitute an Internal Committee by written order, with a Presiding Officer who is a woman employed at a senior level, not fewer than two members from among employees committed to the cause of women or with relevant experience, and one member from a non-governmental organisation or association familiar with the issues. At least one half of the total members must be women.
• POSH Act, 2013 — s. 19 — The employer must provide a safe working environment, display the penal consequences and the Internal Committee order at a conspicuous place, organise awareness programmes and orientation for IC members, and assist the complainant.
• POSH Act, 2013 — s. 26 — Failure to constitute the Internal Committee or to comply with the Act's requirements attracts a penalty which may extend to ₹50,000, and on repeat contravention, cancellation of licence or registration necessary for carrying on the business.
• POSH Act, 2013 — s. 21 — The Internal Committee must prepare an annual report in the prescribed form, which the employer includes in its own annual report or forwards to the District Officer.

Common mistakes

• Treating the policy as optional until a complaint arrives
• Constituting an Internal Committee without the required external member
• Failing the composition requirement that at least half the members be women
• Never displaying the policy or the IC order at the workplace, which s. 19 requires
• Writing a narrower definition of harassment than the Act's own

Frequently asked questions

Is a POSH policy mandatory for small companies in India?

The Act requires an employer to constitute an Internal Committee at a workplace where the specified number of employees is met, and imposes duties under s. 19 including displaying the policy and organising awareness. The obligations turn on the statutory threshold rather than on company size in a commercial sense, so confirm where your establishment falls.

Who must be on the Internal Committee?

Under s. 4, a Presiding Officer who is a woman employed at a senior level at the workplace, not fewer than two members from among employees committed to the cause of women or having relevant social work or legal experience, and one member from a non-governmental organisation or association committed to the cause of women or familiar with issues relating to sexual harassment. At least one half of the total members must be women.

What is the penalty for not having a POSH policy?

Section 26 provides for a penalty which may extend to ₹50,000 for failure to constitute the Internal Committee or otherwise contravene the Act, and on a subsequent contravention, twice the punishment and cancellation of the licence or registration required to carry on the business.

Does POSH apply to contractors and interns?

The Act's concept of an aggrieved woman and of the workplace is broad, and coverage is not limited to permanent employees on the payroll. The policy should reflect that rather than being drafted as if it applied only to full-time staff.

Related documents

• POSH Internal Committee Constitution Order
• Employee Handbook
• Employee Warning / Show-Cause Letter
• All templates