Step-by-Step Guide to POSH Compliance & Training | POSH Consultant Aman Kumar Choudhary

The POSH Act, 2013 (Prevention of Sexual Harassment at Workplace) was introduced to ensure that every workplace in India is free from sexual harassment and provides a safe environment for all employees.

For organizations, POSH compliance is not optional but mandatory. Non-compliance can lead to penalties, cancellation of business licenses, reputational damage, and even legal action.

Here is a step-by-step guide to POSH compliance that every company, institution, and organization must follow from A to Z.

Step 1: Understand the POSH Act, 2013

• The Act applies to all organizations (companies, schools, colleges, hospitals, NGOs, startups, factories, MSMEs, etc.).

• It covers all employees – permanent, contractual, interns, trainees, part-time, or consultants.

• The law mandates prevention, prohibition, and redressal of sexual harassment at the workplace.

Step 2: Draft a POSH Policy

• Every company must have a POSH Policy clearly defining:

  • What constitutes sexual harassment

  • Complaint mechanism & timelines

  • Rights & responsibilities of employees

  • Role of the Internal Committee (IC)

• The policy must be displayed at a prominent place in the workplace.

Step 3: Constitute an Internal Committee (IC)

• Organizations with 10 or more employees must form an Internal Committee.

• Composition of IC:

  • Presiding Officer (senior woman employee)

  • At least 2 employees (preferably committed to women’s welfare)

  • 1 external member (NGO/Legal expert/Trainer)

• IC is responsible for handling complaints, conducting inquiries, and submitting reports.

Step 4: Conduct POSH Training & Awareness Sessions

• Employee Training – To educate staff about workplace behavior, rights, and complaint procedures.

• IC Training – To train committee members on investigation, documentation, and legal procedures.

• New Employee Orientation – Introductory POSH session during joining.

• Training must be conducted at least once a year.

Step 5: Complaint Redressal Mechanism

• Employees should know how to file a complaint.

• IC must complete the inquiry within 90 days.

• Report to be submitted to the employer & District Officer.

• Confidentiality must be maintained throughout the process.

Step 6: Filing of Annual Report

• Every IC must prepare an Annual Report containing:

  • Number of complaints received

  • Number of cases disposed of

  • Number of pending cases

  • Action taken by the employer

• The report must be submitted to the District Officer every year.

Step 7: Penalties for Non-Compliance

• Fine up to ₹50,000 for first violation.

• Repeated violations can lead to:

  • Double penalties

  • Cancellation of business license/registration

  • Loss of reputation in audits & tenders

Step 8: Ensure Continuous Awareness

• Conduct regular training sessions.

• Display posters & awareness material at the workplace.

• Encourage employees to speak up against misconduct.

Step 9: Engage an External Expert/Trainer

The POSH Act requires an external member in the Internal Committee. Most companies hire a POSH Trainer & Compliance Consultant for:

• Training employees & IC members

• Helping in policy drafting

• Assisting with compliance reports

• Providing certificates for proof of compliance

Step 10: Stay Audit & Compliance Ready

• Keep records of all training sessions, attendance sheets, reports, and certificates.

• These documents are often checked during labour inspections, audits, or tenders.