POSH Compliance Checklist for Employers

A practical self-review framework for employers to assess whether the organisation has the structures, policy, Internal Committee, awareness systems, inquiry readiness, confidentiality controls and reporting processes expected under the POSH framework.

POSH compliance is not one document or one annual training session. It is an ongoing governance system involving prevention, redressal, documentation and accountability.

Before You Start: Applicability Check

The Act applies across a broad definition of workplace. For establishments with fewer than ten workers, or where the complaint is against the employer, the statutory Local Committee route becomes relevant. For workplaces where an Internal Committee is required, constitution and continuing validity of that Committee should be treated as a foundational control.

Employer applicability questions

Workplace map: Have you mapped the legal “workplace” beyond the registered office — including branches, units, work-related travel and employer-provided transportation where relevant?
Headcount: Does each workplace / administrative unit fall within the Internal Committee requirement, having regard to the statutory framework and actual workforce structure?
Multi-location structure: If offices or administrative units are located at different places or divisional / sub-divisional levels, have you reviewed whether an Internal Committee is constituted at each relevant unit or office?
Complaint against employer: Does the organisation know that complaints against the employer may fall within the Local Committee mechanism?
Sector overlays: Have sector-specific regulations or service rules been checked where applicable, for example in educational institutions or public-sector employment?

Column Title	Column Title	Column Title
Density Range	70–150 kg/m³	ASTM C612
Density Range	70–150 kg/m³	ASTM C612
Density Range	70–150 kg/m³	ASTM C612
Density Range	70–150 kg/m³	ASTM C612
Density Range	70–150 kg/m³	ASTM C612
Density Range	70–150 kg/m³	ASTM C612
Density Range	70–150 kg/m³	ASTM C612
Density Range	70–150 kg/m³	ASTM C612
Density Range	70–150 kg/m³	ASTM C612
Density Range	70–150 kg/m³	ASTM C612
Density Range	70–150 kg/m³	ASTM C612
Density Range	70–150 kg/m³	ASTM C612

Internal Committee: Structural Readiness

Composition Check (Section 4)

Presiding Officer: A woman employed at a senior level from amongst employees, subject to the statutory alternatives where such a senior woman employee is unavailable.
Employee members: Not less than two employees, preferably committed to the cause of women or having experience in social work or legal knowledge.
External member: One member from an NGO / association committed to the cause of women or a person familiar with issues relating to sexual harassment.
Gender representation: At least one-half of the total members nominated must be women.
Tenure: The Presiding Officer and members hold office for the period specified by the employer, not exceeding three years.
Multi-location review: Where offices / administrative units are at different places or divisional / sub-divisional levels, the statutory proviso requires unit-level review of Committee constitution.

Common Failure

An appointment letter alone does not establish operational readiness. Employers should also maintain current contact details, meeting / training records, conflict handling, vacancy replacement and inquiry-process capability.

Policy, Notices, Employee Communication & IC Training

Rule 13 requires more than a generic policy PDF saved in an HR folder. The employer framework should be visible, understandable and usable.

Key Communication & Capability Elements

Internal policy / charter: Formulate and widely disseminate an internal policy, charter, resolution or declaration for prohibition, prevention and redressal of sexual harassment.
Workplace display: Display the penal consequences of sexual harassment and the order constituting the Internal Committee at a conspicuous place.
IC contact visibility: Declare the names and contact details of all Internal Committee members so employees can identify the complaint channel.
Employee awareness: Carry out employee awareness programmes and create forums for dialogue as appropriate to the workplace.
Training frequency: Section 19 requires workshops and awareness programmes at regular intervals. Do not convert this into an invented universal rule that every employer must conduct exactly one or two trainings each year.
IC Training (Legal framework & Inquiry skills): Ensure members are trained on applicability, definitions, complaint routes, neutral questioning, and evidence management.
IC Capability (Natural justice & Bias): Training should cover procedural fairness, avoidance of predetermined conclusions, and conflict of interest handling.

Complaint-Handling Readiness

A complaint mechanism should be known before a complaint arrives. The organisation should not improvise the process after receiving an allegation.

Process Controls

Complaint window: Section 9 provides a three-month complaint period from the incident, or from the last incident in a series, with a further extension not exceeding three months where the Committee records reasons.
Writing assistance: Where a complaint cannot be made in writing, the Act requires reasonable assistance for making it in writing.
Conciliation: Conciliation may be considered before inquiry only at the request of the aggrieved woman; monetary settlement cannot be the basis of conciliation.
Notice / reply workflow: Under the Central Rules, complaint documents are sent to the respondent within seven working days and the respondent has up to ten working days to submit the reply.
Inquiry composition: Under Rule 7, at least three Committee members, including the Presiding Officer / Chairperson, must be present while conducting the inquiry.
Legal practitioner: The Central Rules state that parties are not allowed to bring a legal practitioner to represent them before the Committee during the inquiry.

Statutory Timeline Dashboard

Key Timelines

Complaint (3 months): From incident / last incident in a series; possible extension not exceeding a further 3 months.
Respondent copy (7 working days): Central Rule 7 timeline for sending the complaint copy to the respondent.
Respondent reply (Up to 10 working days): From receipt of the specified complaint documents.
Inquiry (90 days): Section 11(4) requires completion of inquiry within 90 days.
Findings report (10 days): Section 13(1) requires the report of findings within 10 days from completion of inquiry.
Employer action (60 days): Section 13(4) requires action on recommendations within 60 days of receipt.
Appeal (90 days): Section 18 provides a 90-day period for the appeal contemplated by that section.

Timeline Control

Do not present these deadlines as a substitute for fact-specific legal review. Employers should track actual receipt, communication and completion dates in each matter.

Confidentiality & Information Governance

POSH records contain highly sensitive workplace information. Section 16 restricts publication or disclosure of complaint and inquiry material, identities, recommendations and action taken, subject to the statutory exception for disseminating information about justice secured without identifying the parties or witnesses.

Employer Support to the Inquiry
Section 19 requires the employer to provide facilities and assistance necessary for dealing with complaints and conducting inquiries. Compliance therefore includes operational support to the Internal Committee while preserving its procedural role.

Governance Guidelines

Restrict case-folder access to authorised persons.
Avoid ordinary shared-drive folders or wide email distribution for inquiry papers.
Use controlled document naming, versioning and access logs where feasible.
Brief Internal Committee members and support staff on confidentiality before handling a matter.
Separate statistical annual-report data from identifiable case material.
Provide necessary facilities to the Internal Committee for dealing with the complaint and conducting the inquiry.
Assist in securing attendance of the respondent and witnesses before the Committee.

Implementation & Annual Reporting

Annual Reporting & Compliance Calendar

Committee annual report: Section 21 requires the Committee to prepare an annual report in each calendar year and submit it to the employer and District Officer.
Rule 14 data: Track complaints received, complaints disposed of, matters pending for more than 90 days, workshops / awareness programmes, and nature of action taken.
Employer annual report: Section 22 requires the employer to include the prescribed information in its annual report, or intimate the District Officer where no annual report is prepared.
Compliance records: Maintain evidence supporting the reported numbers and activities, while protecting identifiable case information.

Recordkeeping & Important Clarifications

The central Act and Rules do not prescribe one universal record-retention period for every POSH record. Organisations must manage Governance records (IC orders, policy), Training records, Case administration records, Outcome records, and Annual reporting records securely.

What This Checklist Does NOT Mean (Misconceptions)

Item Title “We have a policy, so we are compliant.” A policy is one component. Committee validity, training, complaint process, confidentiality, inquiry readiness, implementation and reporting also matter.
Item Title “One annual training is the statutory rule.” The central Act requires workshops and awareness programmes at regular intervals; it does not prescribe one universal annual count for every employer.
Item Title “No complaints means no annual report.” Annual reporting duties should still be examined; Rule 14 includes complaint statistics and awareness-programme data even where the figures may be nil.
Item Title “The IC can be constituted after a complaint arrives.” Where the statutory requirement applies, the Committee should already be validly constituted and operational.
Item Title “Checklist completed = legal certification.” This is a legal-awareness self-review tool, not a statutory certificate or legal opinion.

Build the system before a complaint tests it

A defensible POSH framework is built through valid Committee constitution, visible policy, employee awareness, trained Committee members, documented inquiry procedures, confidentiality controls and reliable annual reporting.

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QUESTIONS ANSWERED

Frequently Asked Questions

Disclaimer: This content is for general legal awareness and educational purposes only. It does not constitute legal advice, advertisement, solicitation, compliance certification, or create an advocate-client relationship. POSH obligations may vary with organisational structure, service rules, sector-specific regulations and the facts of a particular matter. For organisation-specific or case-specific guidance, consult a qualified legal professional.