POSH Act & Workplace Safety Laws
Prevention of Sexual Harassment at Workplace Act, 2013 — ICC formation, complaint mechanisms, employer obligations, penalties for non-compliance, along with the Occupational Safety, Health & Working Conditions Code, 2020.
🛡️ Background
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) codified the Vishaka Guidelines laid down by the Supreme Court in 1997. It mandates every employer with 10+ employees to constitute an Internal Complaints Committee (ICC). As of recent data, only ~30% of Indian companies are fully POSH-compliant. The Act covers all women — regular, temporary, contractual, interns, domestic workers — across organised and unorganised sectors. The OSH Code, 2020 consolidated 13 older labour safety laws into one unified framework.
📋 What Constitutes Sexual Harassment?
Section 2(n) of the POSH Act defines sexual harassment as any unwelcome act or behaviour including:
- 🚫 Physical contact and advances — Unwanted touching, blocking path, physical assault
- 🚫 Demand or request for sexual favours — Direct or implied
- 🚫 Making sexually coloured remarks — Verbal, written, or via messages/emails
- 🚫 Showing pornography — Against the will of the woman
- 🚫 Any other unwelcome physical, verbal, or non-verbal conduct of sexual nature
🏢 Internal Complaints Committee (ICC)
👥 Composition
Presiding Officer: Senior woman employee. Members: Min 2 employees committed to women's cause or with legal/social work experience. External Member: 1 from NGO/association familiar with sexual harassment issues. Women must constitute majority.
📝 Complaint Process
Written complaint within 3 months of the incident (extendable by 3 months). ICC must complete inquiry within 90 days. Options: conciliation (before inquiry) or formal inquiry. During inquiry: interim relief (transfer, leave) available to complainant.
⚖️ Actions by ICC
If harassment proven: recommend employer to take action as per service rules — written apology, warning, withholding promotion/increment, termination, deduction from salary, or compensation to complainant. Report submitted to employer and district officer.
🏛️ Local Complaints Committee (LCC)
For employers with less than 10 employees or complaints against the employer. Constituted by District Officer at every district. Headed by eminent woman. Same procedure and powers as ICC.
🏭 Employer Obligations
- ✅ Constitute ICC at every workplace/office with 10+ employees. Multi-location companies need ICC at each branch
- ✅ POSH Policy: Frame and disseminate internal anti-sexual harassment policy. Display at conspicuous place
- ✅ Awareness Training: Organise mandatory workshops/awareness programmes for employees at regular intervals
- ✅ Annual Report: File annual report to the District Officer with number of complaints received, disposed, pending, and action taken
- ✅ Confidentiality: Identity and details of complainant, respondent, and witnesses must be kept confidential. Breach attracts ₹5,000 penalty
- ✅ No Retaliation: Must protect complainant from retaliation, victimisation, or adverse action for filing complaint
⚠️ Penalties for Non-Compliance
- 💰 First offence (non-constitution of ICC): Fine up to ₹50,000
- 💰 Repeat offence: Double penalty + cancellation/non-renewal of business licence or registration
- 📋 Companies Act linkage: Non-filing of annual POSH report can be flagged in Director's Report (failing which, director liability issues)
🏗️ OSH Code 2020 — Workplace Safety
The Occupational Safety, Health and Working Conditions Code, 2020 consolidated 13 labour safety laws:
- 🏢 Applicability: Factories (10+ workers with power / 20+ without), mines, plantations, construction, establishments with 10+ workers
- 🔧 Employer duties: Provide safe workplace, adequate health facilities, annual health check-ups for hazardous work, safety training, protective equipment
- 👷 Employee rights: Right to obtain safety information, right to refuse dangerous work, participation in safety committees
- 📊 National Board: National Occupational Safety and Health Advisory Board to set standards, recommend policies, and coordinate implementation
- ⚠️ Penalties: Death due to employer negligence: up to 2 years imprisonment + ₹5 lakh fine. Offence triable as cognizable, non-bailable
⚠️ Disclaimer
This page is for educational and informational purposes only and does not constitute legal advice. If you are a victim of sexual harassment, please contact your employer's ICC, the Local Complaints Committee, or file a complaint on SHe-Box (shebox.nic.in). Always consult a qualified advocate or legal professional for guidance. Tenhash is not responsible for any actions taken based on this information. Last reviewed: March 2026.