The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) places significant responsibility on employers to create a safe, respectful, and harassment-free workplace. Compliance is not limited to having a POSH policy—it requires organizations to actively implement preventive measures, establish grievance mechanisms, and promote awareness among employees.
Failure to fulfill these obligations can lead to legal penalties, reputational damage, and loss of employee trust.
Understanding these employer responsibilities is essential for every business operating in India.
Why Employer Compliance Is Important?
Employers are the first line of defence against workplace sexual harassment. By implementing the requirements prescribed under the POSH Act, organizations can foster a culture of dignity, equality, and accountability while ensuring legal compliance.
Every employer with 10 or more employees is required to comply with the provisions of the POSH Act.
8 Duties Every Employer Must Fulfil Under the POSH Act
1. Constitute and Maintain an Internal Committee (IC)
Organizations employing ten or more employees must constitute an Internal Committee (IC) to receive and inquire into complaints of sexual harassment. The committee must be properly constituted in accordance with the POSH Act and remain functional at all times.
2. Display the POSH Policy Prominently
Employers should display the organization's POSH Policy, details of the Internal Committee, and information regarding the consequences of sexual harassment at conspicuous places within the workplace so that employees are aware of their rights and responsibilities.
3. Organise Awareness Programmes and Training
Regular awareness sessions and training programmes should be conducted for employees, managers, HR professionals, and Internal Committee members. Continuous education helps prevent workplace harassment and ensures everyone understands the complaint process.
4. Provide Assistance During Internal Committee Proceedings
Employers must provide all necessary administrative and logistical support to the Internal Committee, including access to documents, meeting facilities, witnesses, and other resources required for conducting a fair inquiry.
5. Provide Facilities to the Internal Committee
The organization should ensure that the Internal Committee has adequate infrastructure, confidentiality, and operational support to effectively discharge its statutory responsibilities.
6. Secure Attendance of Respondent and Witnesses
Employers must facilitate the attendance of the complainant, respondent, and witnesses during the inquiry process and cooperate fully with the Internal Committee.
7. Act on the Internal Committee's Recommendations Within 60 Days
After the Internal Committee submits its inquiry report, the employer is legally required to implement the recommendations within 60 days, as prescribed under the POSH Act.
8. Submit the Annual POSH Report
Organizations must prepare and submit the Annual Report containing details of complaints received and disposed of, wherever applicable, in accordance with the requirements of the POSH Act and relevant state authorities.
Consequences of Non-Compliance
Ignoring employer obligations under the POSH Act can have serious legal consequences. Non-compliance may result in:
- Monetary penalties of up to ₹50,000 for the first violation.
- Higher penalties for repeated non-compliance.
- Cancellation, suspension, or non-renewal of business licences in certain cases.
- Reputational damage and loss of employee confidence.
- Increased legal exposure and regulatory scrutiny.
Compliance is therefore both a legal necessity and a sound business practice.
Best Practices for Employers
To maintain effective POSH compliance, employers should:
- Review and update their POSH Policy regularly.
- Conduct annual awareness and refresher training.
- Ensure the Internal Committee is properly constituted.
- Maintain complete confidentiality during complaint proceedings.
- Preserve all records and documentation.
- Promote a workplace culture based on respect, inclusion, and accountability.
Proactive compliance helps prevent workplace issues before they arise.
How
Can Help You?
At BizGlobal, we provide comprehensive POSH compliance solutions to help organizations meet every employer obligation under the POSH Act.
Our services include:
- Drafting and implementation of POSH Policies
- Constitution and management of Internal Committees (IC)
- Appointment and guidance for External Members
- POSH compliance audits
- Annual compliance and reporting assistance
- Complaint handling and inquiry advisory
- Documentation and legal compliance support
- End-to-end POSH consultancy for startups, MSMEs, corporates, educational institutions, hospitals, and NGOs
We also provide professional POSH Training for employees, HR professionals, managers, senior leadership, and Internal Committee members. Our practical and interactive training sessions help organizations create safer workplaces while ensuring full compliance with the POSH Act.
Conclusion
Employer compliance is the foundation of an effective POSH framework. By fulfilling the statutory obligations prescribed under the POSH Act, organizations not only avoid legal penalties but also build a workplace culture rooted in safety, dignity, and mutual respect.
Need expert assistance with POSH compliance?
Contact BizGlobal today at +91-7982729187 and get your POSH policy, Internal Committee setup, LCC guidance, compliance advisory, documentation, and professional POSH training handled by experienced experts.