• Formulate a POSH Policy in English & vernacular
• Check and align the Policy with the Prevention of Sexual Harassment at Workplace (Prevention, Prohibition & Redressal) Act, 2013 & Rules
• For Model Policy please refer Download Section
Policy so formulated can be gender neutral: law does not prohibit gender neutral policies
• Policy needs to be formulated in BOTH English AND vernacular languages applicable to various offices/ branches of the Employer
• Ensure wide dissemination of the Policy through the Employer’s intranet & through Heads of Departments

• Law mandates under Section 4 that ICC should be constitutes by a written order. This policy serves as a written order/document providing for constitution of ICC
• Similarly there are various duties and obligations of the employer as enumerated in Section 19
• This policy also helps in providing a framework to Employer’s compliance under the Act
• Therefore it is essential to have a POSH Policy to include all these obligations under the Law binding on the Employer employees as well
• Non Compliance with any of these provisions may lead to issue of judicial summons along with fine of Rs. 50,000/-

1. Minimum 4 members
2. Presiding officer to be a Senior level female employee
3. Not less than 2 members nominated from amongst the employees, preferably associated with cause of women or having experience in social work
4. 1 member from an NGO or Association committed to cause of Women or a person familiar with the issues relating to sexual harassment
5. At least half the members must be female

1. Background checks on all ICC members must be done
2. Any person found to be guilty of any offence involving moral turpitude must not be nominated as member.
3. A person must be nominated as member and not the designation
4. Quorum for ICC meetings is min 3 members including Presiding Officer
5. If complaint against ICC member itself then he/she must not be allowed to take part in ICC meetings and enquiry proceedings.
6. If Complaint against Presiding Officer of being involved in Sexual harassment at workplace then committee must be reconstituted.
7. A senior level female employee must be nominated as presiding Officer. She must be a senior level employee but not necessary that she should be senior to the respondent.
8. If no senior level female employee available in the same office then can be nominated from other office or department of same employer.
9. In case of doubt please approach the local Labour Commissioner’s office for a decision or the notified District Officer for a decision.

The same has been provided in Section 4 read with Rule 7

Non Compliance with any of these provisions may lead to issue of judicial summons along with fine of Rs. 50,000/-

Jaya Kodate v. Rashtrasant Tukdoji Maharaj Nagpur University (Bombay High Court Judgment):

It was held that the employer has to be genuinely concerned with the safety of woman at workplace under him and cannot stage a farce of compliance with the obligation cast by the 2013 Act.

If the ICC fails to inspire confidence in the mind of Aggrieved Women about sanctity of its own proceedings it vitiates the spirit of the Act. The external member on the ICC has also been enjoined to ensure compliance with the Act in letter and spirit.

Ms.G vs. ISG Novasoft Technologies Ltd. (Madras High Court Judgment)

Employer was directed to pay Rs. 1.68 Crores as compensation to a female employee(victim) for non constitution of ICC under the 2013 Act thereby causing delay in redressal of her complaint of sexual harassment.

Smt Shobhna Goswami vs. State of U.P 2015 LLR 1038

It was held that it is mandatory to have a senior level female employee as presiding officer of ICC, failing which the enquiry report of an ICC must be disregarded in totality.

1. POSH Posters (for Sample Poster please refer download section)(Section 19)
2. Contact details of ICC members with names(Rule 13)
3. POSH Policy (for Sample Policy please refer download section) along with order constituting ICC (Section 19)
4. Abstract of the Act ( administrative guidelines from Labour office)

The same has been provided in Section 19 & Rule 13 of the Act & Rules respectively

Non Compliance with any of these provisions may lead to issue of judicial summons along with fine of Rs. 50,000/-

1. Employer must organize regular trainings to sensitize employees about the provisions of the Act along with the Employer policy.
2. Employer must publish the annual training calendar.
3. Regular Orientation Programs for ICC members to apprise them with the existing law along with any changes and relevant Court judgments. Legal experts or Social Workers from NGOs working in this field can be brought in for such orientation.
4. For Contractual employees, vendor agency may be advised to conduct regular training and submit the written report to the Employer.
5. Reports on all Orientation and training programmes for both employees and ICC members must be maintained at Employer premises.

Section 19 of the Act provides for organizing regular workshops & orientation programmes for both employees and ICC members at regular intervals.

Definition of employee under Sec 2(f) includes regular, temporary, ad hoc or daily wage basis, either directly or through an agent, including a contractor and includes a co-worker, a contract worker, probationer, trainee, apprentice or called by any other such name;

Further these programmes must be effective and not just a routine orientation or a farce in the name of compliance.

Also since contractual employees are also defined as employees under the Act therefore their compliance is also the responsibility of the Principle employer . Hence their Orientation programmes must be conducted and report in this regard must be maintained

ICC should meet at least once in a quarter and the minutes of such meeting (MOM) must be recorded and kept at Employer premises.

Holding Quarterly meetings would be in line with the 2013 Companies Act, which provides that any important Committee of the company should have at least four meetings in a year, with a maximum time gap of one hundred and twenty days between two meetings.

Minimum 3 members including the Presiding officer must be present at each meeting.

Again in line with the Companies Act 2013 guidelines, all members must be physically present in all such meetings and if not possible then at least once every year all members must be physically present for the ICC meeting.

ICC must forward an annual report to the employer at the end of each year containing the prescribed details (For Model Annual Report Format please refer download section

ICC must meet at least once in each quarter so as to keep a tab ob companies Compliance under the 2013 Act.

Analogy in this regard can also be drawn from Section 173 of the Companies Act herein it has been provided that Board meetings & by implication other important committees must have at least one meeting in each quarter.

Holding Quarterly ICC meetings also comes under the best practices wherein regular ICC meetings provides regular checks & balance on companies Compliance status under the Act and keep a regular tab on ongoing enquiries if any.

Quorum for ICC has been provided in Rule 7(7) of the Rules.

Section 21 read with Section 22 & Rule 14 Provides for preparation of Annual report by ICC and forwarding the same to the concerned authority by the Employer.