Quick Summary
Creating a workplace where every individual feels respected, safe, and valued is a cultural responsibility. HR plays a central role in ensuring that this law is not only present in policy but actively practiced inside an organization.
What is the POSH act?
POSH meaning – Prevention of Sexual Harassment.
The POSH Act was introduced in India to:
- Prevent incidents of sexual harassment at work
- Protect employees when such situations arise
- Provide a structured framework to address and resolve complaints fairly
Understanding sexual harassment under the POSH Act
Sexual harassment at the workplace is any behaviour that:
- is not welcomed by the other person
- has a sexual tone or nature, whether obvious or indirect
- makes someone feel uneasy or uncomfortable
What matters is how the person experiences it, not what the other person intended.
Difference between welcome vs unwelcome behaviour (POSH)
What is a workplace under the POSH Act?
A workplace is not limited to just an office desk. POSH policy covers any location where work-related activity happens, including:
- Office premises, including hybrid or virtual workspaces
- Guest houses, hotels or client sites visited for work
- Personal residence if used by authority for interviews or discussion
- Employer-provided transport
HR must ensure employees clearly understand that harassment outside the office building still counts if it happens in a work context.
Who is protected under the POSH act?
POSH applies to more than full-time employees. It protects:
- Permanent and temporary employees
- Contract staff, housekeeping and daily wage earners
- Interns, trainees, probationers
- Security staff
- Vendor or client representatives working on premises
HR is responsible for communicating that every employee about the POSH act, regardless of pay scale or tenure, has equal protection and rights under this act.
Want a policy format to get started? Download POSH policy template
Examples of workplace sexual harassment
Workplace harassment can be verbal, physical, visual, written, or non-verbal.
- Unwanted touching, hugging or physical advances
- Sexually coloured remarks or suggestive jokes
- Demanding sexual favours for promotion or job security
- Staring, winking, inappropriate gestures
- Forwarding explicit images/messages
- Comments on body, clothing, appearance
- Blocking, stalking, cornering someone
What is not considered sexual harassment?
POSH act is not meant to punish normal professional communication:
- Asking someone to follow up because of work delay
- Constructive feedback or performance discussions
- Emergency communication after work hours
- Light compliments without sexual undertones
- Accidental, non-sexual physical touch
How to file a complaint under the POSH act ?
A complaint should ideally be reported within 3 months of the incident.
Step-by-step process:
- Report the incident and send a written complaint to the ICC.
- The respondent (accused person) is informed within 7 days.
- The respondent must reply or give their statement within 10 days.
- If both parties agree, the case may go for mediation, settlement or action, this must be completed within 60 days.
- If there is no agreement, a formal investigation begins and the final report should be completed within 90 days.
HR must ensure that this process is fair, safe, confidential, and without pressure for anyone involved.
Role of HR in implementing POSH policy
HR is the driving force behind POSH policy execution. Their responsibilities include:
- Drafting and enforcing the POSH policy
The policy must be publicly available, accessible, and easy to understand. - Setting up the POSH committee (ICC/IC)
Every organisation with 10+ employees must have an Internal POSH Committee to handle complaints fairly. - Conducting POSH training
Employees should be sensitized through POSH training sessions on what harassment means, how to identify it, and how to report it. - Creating awareness
Through posters, onboarding sessions, internal mailers, workshops, and campaigns. - Providing a safe reporting system
Confidential, supportive and non-judgmental complaint channels must be ensured. - Ensuring timely action and resolution
Investigations must be unbiased and completed within defined timelines.
Sometimes people do not react out of fear or shock. HR must ensure employees know that if it feels wrong, it is wrong. If an employee feels helpless, violated, or disrespected, it is harassment and must be reported.
Conclusion
HR’s responsibility is to build this culture by preventing, protecting, and resolving workplace harassment. Encouraging reporting, educating employees, and acting without bias is what creates a workplace where everyone feels safe.
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