Prevention of Sexual Harassment Policy
("PoSH Policy")

1. Preamble and Commitment

[Organisation Name] ("the Organisation") is committed to providing a safe, respectful, and inclusive work environment for all employees, including women, free from sexual harassment. The Organisation unequivocally condemns sexual harassment in any form.

This Policy is formulated in compliance with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 ("the Act") and the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013 ("the Rules"). It shall be read alongside the Act and Rules, which shall prevail in case of any inconsistency.

2. Scope and Applicability

This Policy applies to:

1. All employees of the Organisation — permanent, contractual, temporary, trainees, interns, probationers, and daily-wage workers;
2. All persons engaged at or visiting the workplace, including clients, vendors, consultants, service providers, and visitors;
3. All workplaces of the Organisation, including registered office, branch offices, client sites, remote/work-from-home arrangements, official travel, and official events and functions.

3. Definitions

Unless the context otherwise requires, the following definitions apply under this Policy (consistent with the Act):

3.1 "Sexual Harassment"

— Includes any one or more of the following unwelcome acts or behaviour (whether directly or by implication):

• Physical contact and advances;
• A demand or request for sexual favours;
• Making sexually coloured remarks;
• Showing pornography;
• Any other unwelcome physical, verbal or non-verbal conduct of sexual nature.

3.2 "Aggrieved Woman"

— A woman of any age, including domestic workers and visitors, who alleges to have been subjected to sexual harassment by the Respondent in a workplace.

3.3 "Workplace"

— Includes any department, organisation, office, branch or unit, establishment, enterprise, institution, or residence, and any place visited by the employee arising out of or during the course of employment, including transportation provided by the employer.

3.4 "Employee"

— Any person employed at the workplace for any work on regular, temporary, ad hoc, or daily-wage basis, either directly or through an agent, including contract workers, probationers, trainees, and apprentices.

3.5 "Employer"

— [Name of Organisation / Person(s) designated as Employer].

3.6 "Internal Committee" or "IC"

— The committee constituted by the Organisation under Section 4 of the Act.

3.7 "Respondent"

— A person against whom the Aggrieved Woman has made a complaint under this Policy.

4. Prohibited Conduct

The following conduct is absolutely prohibited at all workplaces of the Organisation:

• Any act constituting sexual harassment as defined in Section 2(n) and Section 3 of the Act;
• Retaliation, victimisation, or intimidation of any complainant, witness, or IC member;
• Breach of confidentiality regarding any complaint, inquiry, or proceeding under this Policy;
• Filing a false or malicious complaint with the intent to defame or harm the Respondent.

5. Internal Committee (IC)

The Organisation has constituted an Internal Committee ("IC") as per Section 4 of the Act by Order No.   dated  , comprising:

The IC shall function as per the Act and Rules and shall have all powers vested under the Act including powers related to inquiry, interim relief, and annual reporting.

6. Complaint Procedure

6.1 Who May File

Any Aggrieved Woman may file a written complaint of sexual harassment to the IC Presiding Officer. Where the Aggrieved Woman is unable to file a complaint herself due to incapacity, a complaint may be filed on her behalf by any person prescribed under Rule 6 of the Rules.

6.2 Time Limit

Complaints must be filed within three (3) months of the date of the incident (or the last incident in a series). The IC may, for sufficient cause, condone delay up to a further 3 months.

6.3 How to File

Complaints shall be submitted in the prescribed complaint form (or in any written form) to the Presiding Officer of the IC at the email / address below:

IC Presiding Officer:  
Email:  
Address:  

The Organisation may also accept complaints through the External IC Member: embarlegal@icloud.com / WhatsApp +91-8762310625.

7. Inquiry Procedure

1. On receipt of complaint, the IC may attempt conciliation between the parties under Section 10 of the Act (only if requested by the Aggrieved Woman);
2. If conciliation is not sought or fails, the IC shall complete the inquiry within 90 days of receipt of complaint;
3. The IC shall follow principles of natural justice, including providing the Respondent an opportunity to present their case;
4. The inquiry shall be conducted in a confidential manner. No information shall be published or disclosed to the press or public;
5. The IC shall submit its report to the Employer within 10 days of completing the inquiry;
6. The Employer shall act on the IC's recommendations within 60 days of receiving the report.

8. Interim Relief

During the pendency of an inquiry, the IC may on the written request of the Aggrieved Woman, recommend to the Employer:

• Transfer of the Aggrieved Woman or Respondent to another workplace;
• Grant of leave to the Aggrieved Woman up to 3 months;
• Restraint on the Respondent from accessing the Aggrieved Woman's workplace; or
• Any other relief as may be prescribed.

9. Penalties for Sexual Harassment

On a finding of sexual harassment, the IC may recommend to the Employer one or more of the following actions against the Respondent in accordance with the Organisation's service rules:

• Warning / written apology;
• Written censure / reprimand;
• Withholding of increment, promotion, or bonus;
• Suspension (with or without pay);
• Demotion;
• Termination of employment; and/or
• Recovery of compensation to be paid to the Aggrieved Woman.

10. False Complaints

Filing a false or malicious complaint with intent to defame the Respondent is an offence under Section 14 of the Act. The IC may, after inquiry, recommend action against the complainant. However, a complaint made in good faith that cannot be proved shall not be treated as a false complaint.

11. Confidentiality

All parties to a complaint, all IC members, and all persons who assist in any proceedings under this Policy are bound by strict confidentiality obligations under Section 16 of the Act. Breach of confidentiality may attract penalty under Section 17.

12. Annual Report

The IC shall prepare and submit an Annual Report to the District Officer under Section 21 of the Act by 31 January each year for the preceding calendar year, regardless of whether any complaint was received.

13. Awareness and Training

The Organisation shall organise at least one PoSH awareness programme per year for all employees and a separate orientation session for IC members. Newly joined employees shall be made aware of this Policy during induction.

14. Policy Review

This Policy shall be reviewed annually or as and when there is a change in applicable law, whichever is earlier. The next review is due on  .

15. Grievance Contact

For any queries relating to this Policy or the PoSH Act, employees may contact the IC Presiding Officer or the External IC Member (Advocate Thirunarayan Embar, Embar Legal Advocates — embarlegal@icloud.com / WhatsApp +91-8762310625).

Template provided by Embar Legal Advocates, Mysore (shebox.in). All [BRACKETED] fields must be completed with organisation-specific information. This template must be reviewed by a qualified advocate before adoption as your official PoSH Policy. Not legal advice.