Workforce compliance (POSH Act, 2013) · Template

POSH policy template for Indian workplaces

The POSH Act is not conditional on anything having gone wrong. A qualifying workplace is required to have the policy, constitute an Internal Committee and communicate both — and non-compliance carries a penalty that escalates to cancellation of licence or registration on repeat. Most small businesses discover this during due diligence.

Quick Statutory Answer

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.

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POSH Policy (Anti-Sexual Harassment) format

The full text of this document as VidhiSar drafts it, with every blank shown in square brackets. Copy it or download it as a Word file and fill it in yourself — or answer a few questions and VidhiSar fills it in and prints a formatted PDF. Clauses that apply only in some cases are left out here; the drafting flow adds them when your answers call for them.

POLICY STATEMENT

Effective Date: [Policy Effective Date]

[Your Business Name], having its registered office at [Registered Business Address] ("Company"), is committed to providing a safe and healthy work environment for all employees, free from sexual harassment, in accordance with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 ("POSH Act") and the rules framed thereunder.

SCOPE AND APPLICABILITY

This Policy applies to all employees, interns, contractors, consultants, and visitors at the Company's workplace(s), and extends to any location visited by an employee arising out of or during the course of employment, including business travel.

TERMS AND CONDITIONS

1. Definition of Sexual Harassment. Sexual harassment includes any one or more of the following unwelcome acts or behaviour: physical contact and advances; a demand or request for sexual favours; sexually coloured remarks; showing pornography; or any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature.

2. Internal Committee. The Company has constituted an Internal Committee ("IC") under Section 4 of the POSH Act, presided over by [Internal Committee Presiding Officer Name], to receive and inquire into complaints of sexual harassment.

3. Filing a Complaint. Any aggrieved employee may file a written complaint with the Internal Committee within three (3) months of the incident (extendable at the IC's discretion), by writing to [IC Grievance Email].

4. Confidentiality. The identity of the complainant, respondent, and witnesses, and the contents of the complaint, inquiry proceedings, and recommendations of the IC, shall be kept strictly confidential, in accordance with Section 16 of the POSH Act.

5. Inquiry Process. The Internal Committee shall complete its inquiry within ninety (90) days of receipt of the complaint, and submit its report to the employer within ten (10) days of completion of the inquiry, in accordance with the POSH Act.

6. Interim Relief. During the pendency of an inquiry, the complainant may request interim measures such as transfer, leave, or restraining the respondent from reporting on the complainant's work, as permitted under Section 12 of the POSH Act.

7. Action on Findings. Where the IC finds the allegation proved, the Company shall take action against the respondent in accordance with its service rules and the recommendations of the IC, which may include disciplinary action up to and including termination of employment.

8. False or Malicious Complaints. Where the IC finds a complaint to be false or malicious, action may be taken against the complainant in accordance with the Company's service rules, provided that mere inability to substantiate a complaint shall not attract action under this clause.

9. Non-Retaliation. The Company strictly prohibits retaliation against any employee who, in good faith, reports an incident of sexual harassment or participates in an inquiry.

10. Annual Report. The Internal Committee shall prepare an annual report and submit it to the employer and to the District Officer, in accordance with Section 21 of the POSH Act.

EXECUTION

This Policy is effective as of the date first written above and shall be reviewed periodically.

For [Your Business Name]

POSH Policy (Anti-Sexual Harassment) format (India): page one of the document, with each blank to fill in shown in brackets

The provision behind this document

Section 26, Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 — A fine of up to ₹50,000 for failing to constitute an Internal Committee or to comply with the Act, and more on repetition.
Section 9, Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 — A written complaint to the Internal Committee within three months of the incident, or of the last in a series; the committee can allow three more, and a legal heir can complain if she cannot.
Section 11, Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 — The inquiry runs under the service rules or the prescribed procedure, both sides are heard and see the findings, the committee has civil-court powers, and it has ninety days to finish.
Section 13, Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 — The report within ten days of the inquiry, a recommendation of no action or of action and compensation, and sixty days for the employer to act on it.
Section 19, Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 — A safe workplace, the penal consequences and the IC order on display, regular awareness programmes, and support to the committee and the woman: ten duties every employer owes.

Related statutory compliance tools & calculators

Headcount Threshold Checker — Verify mandatory Internal Committee obligations for 10+ employees

Headcount Threshold Checker

What this document must contain (Clause-by-Clause Matrix)

POSH Policy (Anti-Sexual Harassment) — Mandatory Clause Matrix & Statutory Protection (2026)
Essential Clause	Legal Purpose & Protection	Governing Law / Benchmark
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.	POSH Act, 2013 — s. 4
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.	POSH Act, 2013 — s. 19
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.	POSH Act, 2013 — s. 26
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.	POSH Act, 2013 — s. 21
The inquiry procedure	Timelines, the right of both parties to be heard, and confidentiality throughout.	POSH Act, 2013 — s. 4
Protection against retaliation	Stated expressly. Fear of retaliation is the main reason complaints are not made.	POSH Act, 2013 — s. 19
Interim relief and the outcome framework	What relief may be recommended during the inquiry, and what action may follow a finding.	POSH Act, 2013 — s. 26

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.

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

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.

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