SOP for Implementation of POSH Act

SUMMARY:

1. Purpose & Scope
Ensure safe, dignified workplaces for women Provide clear, uniform procedures for prevention and redressal of sexual harassment Applicable to all workplaces, including government, private sector, educational institutions, domestic and informal settings

2. Key Stakeholders
Employers District Collectors (District Officers) Block/Taluk/Zone Nodal Officers Social Welfare and Labour Departments NGOs, Legal Experts, Judicial System

3. Employer Responsibilities
Constitute an Internal Complaints Committee (ICC) with at least 50% women Display policy on zero tolerance for harassment Conduct awareness and induction trainings File annual compliance reports by 31st January Maintain confidentiality and neutrality during redressal processes

4. Understanding POSH Act Terms
Workplace: Physical & virtual workspaces, transit, guesthouses, even off-site visits
Employee: Regular, temp, volunteers, interns, even contractual or unpaid staff
Aggrieved Woman: Any woman alleging harassment, including visitors, clients, students

5. Grievance Redressal Mechanism
Complaints must be submitted within 3 months (extendable by another 3) Inquiry to be completed within 90 days Both civil (ICC/LC inquiry) and criminal remedies may be pursued concurrently Conciliation permitted only at the aggrieved woman’s request

6. Inquiry Procedure
No legal representation allowed Both parties must be given fair opportunity to be heard Committee may recommend interim relief (e.g., leave, transfer, no-contact rules) Final report must include timelines, witnesses, findings, and rationale Evidence standard: Preponderance of probability

7. Outcomes & Penalties
Recommendations may include apology, transfer, withholding promotion, termination, compensation, etc. False complaints must be clearly established before taking action against complainant Non-compliance by employers may lead to fines up to ₹50,000 and even license cancellation for repeat offenses