POSH Act

The POSH Act (Prevention of Sexual Harassment of Women at Workplace Act, 2013) is a landmark legislation enacted by the Government of India to ensure a safe and respectful working environment for women. It aims to prevent, prohibit, and redress sexual harassment at the workplace across all sectors — organized and unorganized.

 Objective of the POSH Act

• To provide protection against sexual harassment of women at the workplace.

• To ensure effective redressal mechanisms for complaints.

• To create a safe, dignified, and equitable work environment for women.

Penalty for Non-Compliance of POSH Act

Non-compliance with the POSH Act, 2013 (Prevention of Sexual Harassment of Women at Workplace) is a serious offence that can lead to legal, financial, and reputational consequences for an organization.

 Key Instances of Non-Compliance

• Failure to constitute an Internal Committee (IC) in organizations with 10 or more employees

• Not conducting POSH awareness and sensitization programs

• Not including the POSH compliance report in the annual report

• Mishandling or ignoring complaints of sexual harassment

• Retaliating against the complainant or not ensuring confidentiality

• Non-cooperation during the inquiry or investigation

 Legal Penalties Under the Act

Under Section 26 of the POSH Act, the following penalties apply:

1. Monetary Fine

   • A fine of up to ₹50,000 for the first instance of non-compliance.

2. Double Penalty on Repeat Offence

   • For repeated violations, the penalty can double with each offence.

3. Cancellation of License/Registration

   • In extreme cases, the government may cancel or suspend the business license or withdraw registration.

4. Liability in Court

   • Non-compliance can be used as evidence in legal proceedings against the employer or management.

 Consequences Beyond Legal Penalty

• Reputational damage to the brand and employer image

• Loss of trust among employees and clients

• Lower employee morale and productivity

• Exposure to civil lawsuits and compensation claims

Employee Awareness Under POSH Act, 2013

One of the core pillars of the POSH Act (Prevention of Sexual Harassment of Women at Workplace, 2013) is to educate and sensitize employees about what constitutes sexual harassment and how to prevent it. Awareness is key to building a safe, respectful, and inclusive workplace culture.

 Why Employee Awareness is Important?

• Helps employees understand what behavior is inappropriate at the workplace

• Encourages victims and witnesses to report incidents without fear

• Reduces the risk of accidental violations by promoting respectful conduct

• Ensures that all employees are aware of their rights and responsibilities

 POSH Act Requirements for Awareness

As per Section 19 of the POSH Act, employers must:

1. Organize regular workshops and awareness programs

   • For sensitizing employees about sexual harassment and the redressal process

2. Clearly display information about:

   • The Internal Committee (IC)

   • Procedures for filing complaints

   • Consequences of misconduct

3. Disseminate the POSH Policy

   • Share the organization’s anti-sexual harassment policy with all employees at the time of onboarding and during training sessions.

 Methods of Employee Awareness

• Induction Training: POSH awareness must be part of employee onboarding.

• Annual Workshops/Webinars: Mandatory yearly training for all staff.

• E-learning Modules: Easy, accessible learning with case-based scenarios.

• Posters and Notices: Visible reminders of POSH rules in all departments.

• Quizzes and Feedback Surveys: To check understanding and reinforce learning.

 Benefits of POSH Awareness

• Promotes a culture of respect and accountability

• Empowers employees to identify and report harassment

• Reduces legal risks and ensures compliance with the law

• Builds a trustworthy employer brand committed to employee safety

​​​​​​​Why Did the POSH Act Come Into Existence?

The POSH Act, 2013 (Prevention of Sexual Harassment of Women at Workplace) was introduced to address a long-standing gap in Indian law regarding the protection of women from sexual harassment at the workplace. It emerged from the need to ensure a safe, respectful, and equitable work environment for women across all sectors.

 The Background: Vishaka Guidelines

• In 1997, the Supreme Court of India laid down the Vishaka Guidelines in the landmark case of Vishaka vs. State of Rajasthan.

• The case involved the brutal gang rape of Bhanwari Devi, a social worker who tried to stop a child marriage in Rajasthan.

• The court recognized sexual harassment as a violation of women’s fundamental rights and emphasized the need for a specific law.

The Vishaka Guidelines became the first formal framework for handling sexual harassment complaints until Parliament passed an actual law.

 Why the Act Was Necessary

1. Lack of a Formal Law

   • Before 2013, there was no specific legislation to address sexual harassment at the workplace.

2. Increasing Workplace Participation of Women

   • As more women entered the workforce, the risk of harassment increased, but legal protection was limited.

3. No Redressal Mechanism

   • Victims had no clear route to file complaints or seek justice in a structured manner.

4. Global and National Pressure

   • India faced criticism for not having a law to protect women employees, especially after high-profile cases and public movements.

 What the POSH Act Achieved

• Gave legal backing to the Vishaka Guidelines

• Made it mandatory for employers to form Internal Committees (IC)

• Provided a structured grievance redressal system

• Aimed to prevent harassment through awareness and sensitization

• Offered civil remedies in addition to criminal options

​​​​​​​Why Choose YKG GLOBAL for POSH Act Compliance?

Creating a safe and respectful workplace is a legal responsibility — and a reflection of your organization’s values. At YKG GLOBAL, we help you go beyond compliance to build a culture of trust, dignity, and professionalism.

 Here’s Why Organizations Trust YKG GLOBAL:

 Expert Legal Support

Our legal team specializes in workplace laws and provides end-to-end support for POSH Act compliance, including policy drafting, IC constitution, and complaint handling protocols.

 Employee & IC Training

We conduct customized training programs and awareness sessions for employees, HR teams, and Internal Committee members to ensure your team is fully equipped and sensitized.

 POSH Policy Drafting & Review

We help draft a clear, compliant, and actionable POSH Policy that aligns with your company’s work culture and legal requirements.

 Internal Committee (IC) Setup & Support

We assist in forming your Internal Committee as per legal norms and even provide external members as needed, ensuring the credibility and independence of the inquiry process.

 Compliance Audit & Annual Reports

We conduct periodic audits to assess compliance, identify gaps, and guide you in preparing mandatory annual reports for submission to the District Officer.

 PAN-India Coverage

Serving clients across sectors and states, we provide consistent, professional, and practical POSH compliance solutions — wherever your team is located.

 Trusted by Leading Businesses

With over 5000+ global clients, our legacy of trust and compliance excellence makes us the preferred partner for POSH implementation across industries.

 Your Compliance. Our Responsibility.

Partner with YKG GLOBAL to ensure your workplace is not just legally compliant — but ethically strong and employee-friendly.