According to the Sexual Harassment of Women at the Workplace (Prevention, Prohibition and Redressal) Act, 2013, “sexual harassment” includes any one or more of the following unwelcome acts or behaviour (whether directly or by implication) namely:-

1. physical contact and advances; or
2. a demand or request for sexual favours; or
3. making sexually coloured remarks; or
4. showing pornography; or
5. any other unwelcome physical, verbal or non-verbal conduct of sexual nature;

Under the PoSH Act , the focus is as much on awareness and prevention of sexual harassment in the first place as it is on redressal. In accordance, organizations need to ensure that all people associated with them, including employees, managers, directors, CXOs, consultants, third-party vendors, etc. are educated about the critical aspects of the law. This includes an understanding of what ‘sexual harassment’ is; what action(s) and/or words are included under sexual harassment; the recourse that one can take if they have been harassed; the limits that one should not cross so as to not become a harasser, etc. More importantly, organizations need to know what to do to provide a safe, gender-neutral and healthy environment at the workplace.

PoSH Training, apart from being mandated by law, is important for any organization to create and sustain a gender-     inclusive environment that nurtures respect for all. 

• PoSH Training for Employees: Training for employees is essential to help them understand the importance of respecting co-workers and creating a safe and happy workplace. It is also important to help them understand what sexual harassment is, the difference between appropriate and inappropriate behaviour, and the importance of consent. They also need to be aware of redressal mechanisms in case they experience it at the workplace.
• PoSH Training for Managers/Employers/Directors: Creating a safe workplace begins with sensitisation of people at the top. Therefore, while employees undergo PoSH training, it is imperative to have regular workshops and refreshers for senior-level employees within the organization. From the perspective of helping them understand how they can lead an inclusive work culture and how not to abuse the power they wield. PoSH training for managers, employers, directors, and other CXOs in an organization is essential.

Any and every organization with 10 or more than 10 employees is mandated to have an Internal Committee (IC) with a composition as mandated by the law. Read more about the composition of the IC here.

As per the PoSH law, any and every organization with 10 or more than 10 employees has to have an Internal Committee (IC). The IC is responsible for receiving and addressing complaints related to sexual harassment at the workplace. The IC also needs to be thoroughly trained in handling issues of sexual harassment at the workplace with utmost sensitivity and care. The law mandates that an IC be headed/led by a ‘female presiding officer’.

Section 2(n) of the Sexual Harassment of Women at the Workplace (Prevention, Prohibition and Redressal) Act, 2013 clearly defines sexual harassment and Section 2 (o) defines workplace. 

As per the law, 

“sexual harassment” includes any one or more of the following unwelcome acts or behaviour (whether directly or by implication) namely:-

1. physical contact and advances; or
2. a demand or request for sexual favours; or
3. making sexually coloured remarks; or
4. showing pornography; or
5. any other unwelcome physical, verbal or non-verbal conduct of sexual nature;

Workplace refers to the following:

“workplace” includes–

(i) any department, organization, undertaking, establishment, enterprise, institution, office, branch or unit which is established, owned, controlled or wholly or substantially financed by funds provided directly or indirectly by the appropriate Government or the local authority or a Government company or a corporation or a co-operative society;

(ii) any private sector organization or a private venture, undertaking, enterprise, institution, establishment, society, trust, non-governmental organization, unit or service provider carrying on commercial, professional, vocational, educational, entertainment, industrial, health services or financial activities including production, supply, sale, distribution or service;

(iii) hospitals or nursing homes;

(iv) any sports institute, stadium, sports complex or competition or games venue, whether residential or not used for training, sports or other activities relating thereto;

(v) any place visited by the employee arising out of or during the course of employment including transportation provided by the employer for undertaking such journey;

(vi) a dwelling place or a house;

Any workplace, establishment, company or organization with 10 or more than employees is required to comply with the Prevention of Sexual Harassment (PoSH) at Workplace Act. This includes setting up an Internal Committee (IC) for addressing sexual harassment complaints, filing annual reports with the District Officer and conducting sensitisation and awareness trainings for employees, senior management and partners. Non- compliance with the law can result in monetary fines and in case of repeated violations, it can even result in cancellation of the employer’s licence.

The PoSH Act mandates setting up of an Internal Committee (IC) by every organization that has 10 or more than 10 employees. Your organization’s IC plays a very important role in creating and fostering a safe workplace. It is not just a committee that needs to be set up when a complaint comes or a committee that only looks into sexual harassment at the workplace if a complaint is filed. The IC has a role in prevention, prohibition, and redressal.

Yes, it is advised that all employees undergo PoSH training and refreshers every year to ensure reiteration of crucial messages on maintaining a safe and respectful work environment.

It is important to have an Internal Committee that is unbiased and well-informed to ensure that the workplace is safe for all employees. Regular trainings can help with eliminating unconscious bias, keep IC members up to date with the law and help them discharge their duties effectively.
It is mandatory to conduct an Internal Committee training every year.
Details of the annual Internal Committee training also have to be mentioned in the annual report.

Section 21 and 22 of the PoSH Act mandates the Annual Report submission to the management and the District Officer.
The law also specifies that if the Annual Report is not submitted, it could lead up to a penalty of Rs.50,000 and in case of non-compliance for consecutive years, it could also lead to the termination of the organization’s license altogether.

The PoSH Annual Report needs to be filed with a District Officer appointed by the government.

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 mandates all organizations with 10 and more than 10 employees to constitute an Internal Committee (IC). The primary purpose of this Committee is to prevent sexual harassment and ensure a safe workplace for its employees. The Committee is mandated to submit an Annual Report for every calendar year to its employer and the District Officer. This Annual Report is usually referred to as the PoSH Annual Report and gives a detailed account of the working of the Committee. 

As per the PoSH Act, 2013 the Annual Report must include the following details: