The POSH Act, 2013
The Sexual Harassment of Women at Workplace Act applies to all workplaces in India with 10+ employees (ICC mandatory). Covers all women — permanent, temporary, contractual, trainees, interns, and visitors. Organizations with fewer than 10 employees or complaints against the employer go to the Local Complaints Committee (LCC).
What Constitutes Sexual Harassment?
- ◆ Physical contact and advances
- ◆ Demand for sexual favors
- ◆ Sexually colored remarks or jokes
- ◆ Showing pornography
- ◆ Unwelcome physical/verbal/non-verbal conduct of sexual nature
- ◆ Creating a hostile work environment
- ◆ Quid pro quo harassment
- ◆ Threat of detriment for refusing advances
Complaint Procedure
Submit a written complaint to the ICC within 3 months. ICC must complete inquiry within 90 days. Complainant can request interim relief (transfer, leave up to 3 months). If proved: disciplinary action, salary deduction, compensation (for mental trauma, medical expenses, career loss), and criminal proceedings. Employer must act within 60 days.
For workplace harassment legal assistance, contact Advocate in Kolkata at +91 74398 11422.
Frequently Asked Questions
Can a man file under the POSH Act?
The Act specifically protects women. Men can file under IPC Section 354A (sexual harassment) or their organization's policy.
What if my organization has no ICC?
The organization is violating the Act (penalty up to Rs. 50,000). File with the Local Complaints Committee through the District Officer.
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