Sexual Harassment At Workplace? POSH Act Explained

Sexual harassment at work is not just unethical—it’s illegal. Yet, many women stay silent due to fear, stigma, or lack of awareness. If you’re wondering Sexual Harassment At Workplace? POSH Act Explained, this guide breaks it all down for you.

Advocate Sagar Sharma, an expert in employment and women’s rights law, shares a detailed overview of the POSH Act and how it empowers women to stand against harassment and claim justice.

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What is the POSH Act?

The POSH Act (Prevention of Sexual Harassment of Women at Workplace Act, 2013) was introduced to ensure a safe and respectful work environment for women. It outlines clear rules to prevent and address sexual harassment at the workplace, promoting women’s workplace safety.

Every organization with 10 or more employees must follow the POSH Act. The law defines sexual harassment broadly, covering verbal, physical, and non-verbal behavior that creates an unsafe or uncomfortable work environment for women.

POSH Act: Rules You Must Know

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, commonly known as the POSH Act, provides a clear legal framework to address and prevent sexual harassment in workplaces across India.

As per the POSH Act:

• Every workplace with 10 or more employees must establish an Internal Committee (IC).
• The Act defines sexual harassment to include physical contact, advances, showing pornography, making sexually coloured remarks, or demanding sexual favours.
• All organisations must display the POSH policy visibly and conduct training programs to create awareness.

So, if you’re looking for clarity on Sexual Harassment At Workplace? POSH Act Explained, start by knowing your rights under this Act.

What is the Internal Committee?

The Internal Committee (IC) plays a central role in handling complaints under the POSH Act. Every office or branch of a company must have its own committee.

An IC must include:

• A senior female employee as the Presiding Officer.
• Two or more members with experience in legal or social work.
• One external member from an NGO or legal background.

The Internal Committee must act with fairness, confidentiality, and timeliness while handling complaints. It should complete the inquiry within 90 days and submit its report with recommendations to the employer.

How to File a Sexual Harassment Complaint

Filing a complaint under the POSH Act is your right, and the law supports you at every step. Here’s what you need to do:

1. Submit a written complaint to the Internal Committee within 3 months of the incident.
2. Include details of the incident, names of witnesses, and any supporting evidence.
3. The IC will conduct an inquiry and allow both parties to present their side.
4. A decision must be made within 90 days of receiving the complaint.

You can also request interim reliefs like a change in department or leave during the inquiry. If you’re unsure about the process, Advocate Sagar Sharma can guide you step-by-step with full confidentiality.

How to File a Complaint?

Any woman facing sexual harassment at workplace can file a complaint with the Internal Committee within three months of the incident. If multiple incidents occurred, she must file the complaint within three months from the last one.

The process includes the following steps:

1. Written Complaint: The complaint must be written and submitted to the Presiding Officer of the IC.
2. Assistance: If the complainant cannot write, the committee must help her document the complaint.
3. Notice to Respondent: The accused will receive a copy of the complaint and must reply within ten days.
4. Inquiry Process: The committee will start an inquiry and may examine witnesses, review evidence, and hear both sides.

If the complaint is proven, the committee will recommend suitable action such as termination, suspension, or fine. If the complaint is found false with malicious intent, the committee may take action against the complainant as per the Act.

Remedies Available Under the POSH Act

Once the IC completes its inquiry, it submits a report to the employer. Based on the findings, the employer must act within 60 days. Remedies may include:

• Written apology from the accused
• Transfer or termination of the offender
• Compensation to the aggrieved woman
• Mandatory POSH training for the workplace

If the victim is not satisfied with the outcome, she can appeal to the Labour Court or Tribunal.

Sexual Harassment at Workplace? POSH Act Explained best through such structured processes that empower women while ensuring fairness.

Conclusion

If you’ve been searching for answers around Sexual Harassment at Workplace? POSH Act Explained, you now know that the law is on your side. With the right knowledge and legal support, no woman needs to stay silent or tolerate harassment.

Whether you’re an employee looking to file a complaint or an employer wanting to build a compliant workplace, Advocate Sagar Sharma offers expert legal advice and practical solutions to ensure complete POSH compliance.

Take a stand. Speak up. And always remember—your safety is your right.