POSH Act: Sexual Harassment at Work – Rights & Complaint Process (2026)

Introduction

Every employee has the right to work in a safe, respectful, and harassment-free workplace. To protect employees from sexual harassment at the workplace, India enacted the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, commonly known as the POSH Act.

The Act requires employers to prevent sexual harassment, establish a complaint mechanism, conduct fair inquiries, and provide appropriate relief to the aggrieved woman. Failure to comply with the POSH Act may lead to legal consequences for employers.

This guide explains what constitutes sexual harassment, employee rights, the complaint process, employer responsibilities, and the legal remedies available under the POSH Act.

What is the POSH Act?

The POSH Act, 2013 is a law enacted to prevent, prohibit, and redress sexual harassment against women at the workplace.

The Act applies to:

• Private companies.

• Government offices.

• Educational institutions.

• Hospitals.

• NGOs.

• Shops and commercial establishments.

• Work-from-home and virtual workplaces (where applicable).

• Any workplace covered under the Act.

What is Sexual Harassment?

Under the POSH Act, sexual harassment may include unwelcome acts or behavior of a sexual nature, such as:

• Physical contact or advances.

• Demand or request for sexual favours.

• Sexually coloured remarks.

• Showing pornography or sexually explicit material.

• Unwelcome messages, emails, or online communication.

• Repeated unwanted attention.

• Any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature.

Each complaint is examined based on its facts and the applicable legal provisions.

Who is Protected Under the POSH Act?

The Act protects women working in various capacities, including:

• Permanent employees.

• Temporary employees.

• Contract workers.

• Trainees.

• Apprentices.

• Interns.

• Consultants.

• Volunteers.

• Domestic workers (subject to applicable provisions).

Rights of an Employee Under the POSH Act

An aggrieved woman generally has the right to:

• A safe working environment.

• File a complaint without fear of retaliation.

• A fair and impartial inquiry.

• Confidentiality during proceedings.

• Protection against victimization.

• Interim relief, where applicable.

• Appeal against the decision as permitted by law.

Employer's Responsibilities

Employers are required to:

• Provide a safe workplace.

• Adopt and display a POSH policy.

• Constitute an Internal Committee (IC) where required.

• Conduct awareness and training programs.

• Assist during the inquiry process.

• Maintain confidentiality.

• Take appropriate action based on the inquiry report.

• Comply with reporting obligations under the Act.

What is the Internal Committee (IC)?

Organizations covered by the Act are generally required to constitute an Internal Committee (IC) to receive and inquire into complaints of sexual harassment.

The committee typically consists of:

• A Presiding Officer.

• Employee members.

• An external member with experience in women's rights or related fields.

The composition must comply with the requirements of the POSH Act.

How to File a POSH Complaint

Step 1: Prepare a Written Complaint

The complaint should include:

• Details of the incident.

• Date and place of occurrence.

• Names of the persons involved.

• Witnesses, if any.

• Supporting evidence.

Step 2: Submit the Complaint

Submit the complaint to the Internal Committee or, where applicable, the Local Committee constituted under the Act.

Step 3: Inquiry Process

The Committee examines:

• The complaint.

• Documents.

• Witness statements.

• Evidence submitted by both parties.

The inquiry should follow the procedure prescribed under the POSH Act and principles of natural justice.

Step 4: Inquiry Report

After completing the inquiry, the Committee submits its findings and recommendations to the employer or competent authority.

Step 5: Employer's Action

The employer is expected to take action based on the Committee's recommendations in accordance with the law.

Time Limit for Filing a Complaint

Under the POSH Act, a complaint is generally required to be made within three months from the date of the incident or the last incident in case of a series of incidents, subject to the provisions of the Act regarding extension in appropriate cases.

Possible Reliefs

Depending on the facts and the findings of the inquiry, reliefs may include:

• Written apology.

• Warning or disciplinary action.

• Transfer of the respondent or complainant, where appropriate.

• Leave for the aggrieved woman, as permitted by law.

• Compensation, where applicable.

• Termination or other disciplinary measures in appropriate cases.

The outcome depends on the inquiry findings and applicable legal provisions.

Documents Generally Required

The following documents may be useful:

• Written complaint.

• Identity proof.

• Employment details.

• Emails.

• Messages or chats.

• Audio or video evidence, if available.

• CCTV footage, where available.

• Witness details.

• Medical records, if relevant.

• Any other supporting documents.

Confidentiality Under the POSH Act

The POSH Act requires confidentiality regarding:

• Identity of the complainant.

• Identity of the respondent.

• Witness details.

• Inquiry proceedings.

• Recommendations.

• Final action taken.

Unauthorized disclosure may attract legal consequences.

Common Mistakes to Avoid

• Delaying the filing of the complaint.

• Deleting messages or emails.

• Discussing confidential proceedings publicly.

• Ignoring internal complaint mechanisms.

• Failing to preserve evidence.

• Not seeking legal advice in serious cases.