What is POSH? Full Form & All You need to know

In India, over 60% of workplace harassment cases go unreported. The POSH Act empowers employees to speak up and seek redress. Let’s discover how it works and why the POSH Act is important in every workplace. 

POSH full form is Prevention of Sexual Harassment. It is a collection of policies outlining the standards for respect and acceptable behaviour in the workplace. POSH aims to recognize, manage, and address any form of unpleasant behaviour that can be damaging or hurtful. It ensures that there is dignity, equal opportunities, and respect among employees. 

What is the POSH ACT? 

The POSH Act or POSH Policy is the acronym for the Sexual Harassment of Women at Workplace Act, 2013. The Indian government enacted the POSH Act 2013 on 22nd April to safeguard against sexual harassment of women in the workplace. The Act defines sexual harassment, imposes obligations on employers, and outlines specific procedures for managing complaints within organizations. It has a broad scope, which includes both informal and formal workplaces. The POSH Act applies to all women, irrespective of their employment status.

An Internal Complaints Committee (ICC) is established in orgs with more than 10 employees to address grievances. There are specific rules governing the timelines for inquiries, confidentiality during proceedings, and protection against retaliation. The POSH Act is crucial for providing women with greater protection in the workplace. It helps increase awareness and encourages immediate action and accountability at every level. 

Where can POSH be applied?

POSH is applicable across a wide range of professional environments, not limited to traditional workplaces. It covers both organized and unorganized sectors, including corporate workplaces, factories, educational institutes, hospitals, NGOs, and even remote workplaces. Whether the employee is permanent/ contractual/ remote, POSH ensures protection from harassment in all professional interactions. The scope of POSH also extends to any location connected to work, such as meetings, client sites, or office-sponsored events. Its objective is to create a consistent standard of safety and respect, regardless of place or quality of work. 

Who are ICC and LCC? 

The POSH committee establishes the ICC and LCC to deal with sexual harassment in the workplace.

All companies with ten or more employees must have an Internal Complaints Committee (ICC). The ICC is responsible for receiving complaints, investigating them, and addressing any issues of sexual harassment within the organization. Each branch of the workplace should have an ICC.  It must include at least one senior woman employee, two members familiar with the issues, and one NGO or external member with legal expertise.

District Officers establish the Local Complaints Committee (LCC) across their districts. It handles complaints from workplaces with fewer than 10 employees or involving the employer. The LCC ensures small workplace and informal sector workers get help for workplace mistreatment.

How to raise a POSH Complaint?

Filing a complaint under POSH involves a series of steps designed to facilitate considerations of fairness, privacy, and prompt resolution. This is how it works. 

1. Gather evidence:
   The complainant should prepare all relevant evidence for the case, including proof of communication or names of witnesses. 

2. Identify the right forum:
   Employees can file complaints through the ICC or LCC, depending on the organization’s size.

3. File the complaint:
   You must file a written complaint within three months of the incident, stating details (dates, individuals involved) and providing any supporting evidence.

4. Initial ICC procedures:
   Once the ICC receives the complaint, it reviews it, notifies the parties involved, and proceeds with the redressal process under strict confidentiality.

5. Investigation process:
   The committee will conduct a formal investigation, allowing the complainant and respondent to give statements and examine any witnesses. It must complete the inquiry within thirty days.

6. Employer action:
   The employer will take action depending on the findings. The type of action will depend on the committee’s recommendations. Recommendations vary from warnings to termination or other disciplinary issues. 

7. Protection and confidentiality:
   The committee protects the identities of the complainant, respondent, and witnesses as confidential at all stages of the process. There will be no retaliation or victimization under any circumstances. 

8. Appeals and legal recourses:
   If a party disagrees with the recommendations, It may appeal to the litigation system within three months of the recommendations.

Steps to prevent sexual harassment in the workplace 

Organizations can prevent sexual harassment by prioritizing awareness, accountability, and communication. Following the proper steps creates a safe and respectful workplace environment. Here are some ways to prevent sexual harassment. 

• Implement a clear POSH policy:
  Develop and circulate a clear sexual harassment policy. It should outline all unacceptable behaviour, complaint procedures, and consequences. 

• Conduct regular awareness & training sessions:
  Organize POSH training for all employees, including leadership and HR teams. It should educate them on how to recognize, avert, or report harassment. 

• Set up an Internal Complaints Committee (ICC):
  Ensure that the ICC is fully functional, trained, and available to all employees. 

• Promote open and safe communication:
  Create an environment where employees feel safe to report inappropriate behaviour without fear. 

• Maintain confidentiality and sensitivity:
  Handle all complaints in a discreet, respectful, and empathic way, to encourage prompt and honest reporting. 

• Take immediate and fair action:
  Address all complaints promptly with neutral investigations and corrective action. This approach builds trust in the redressal process. 

• Display POSH guidelines at the workplace:
  Display posters with POSH policy details and ICC contact information in prominent areas. This ensures employees and visitors are always aware of the policies and how to seek help if needed. 
   

Why is POSH Training important in an organization?

POSH Training helps employees and employers understand what sexual harassment is. How to prevent it? And what are their options and steps for handling complaints? It not only helps organizations stay compliant with the law, but it also fosters awareness, empathy, and accountability within teams. An informed workforce is more likely to contribute to a respectful and inclusive workplace. It helps in understanding boundaries and knowing how to address misconduct appropriately.  

There are several reputed POSH certifications offered by the Federation of Indian Chambers of Commerce and Industry (FICCI) & Indian Institute of Corporate Affairs (IICA). Keka Academy’s free online certification course is recognised for its beginner-friendly format. The course covers Fundamentals of the POSH & breaks down difficult concepts, providing real-world examples. This course is a practical resource for anyone looking to build a safe and informed workplace culture. 

Conclusion: 

Casual remarks or informal behaviour can often hide the serious issue of workplace sexual harassment. The POSH framework prevents overlooking such actions and provides a clear path for prevention and redressal. With proper awareness, strong internal processes, and the right training, orgs can build a safer and respectful work environment. Promoting a culture of accountability and trust is not just a legal need; it’s a workplace responsibility.