Reviewed 16 October 2026. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 requires employers to prevent and address sexual harassment at work. This guide summarizes the central Act and Rules for Kerala employers. Use the current State notification to identify the designated District Officer and Local Committee for your workplace.
Set up the right complaint committee
An employer must constitute an Internal Committee (IC) at each office or administrative unit with ten or more employees. A workplace with fewer than ten employees, or a complaint against the employer, is handled through the Local Committee constituted for the district. The IC must have a senior woman employee as Presiding Officer, at least two employee members with the prescribed experience or commitment, and one external member familiar with issues relating to sexual harassment. At least half of its members must be women. Appointments are for the term permitted by the Act and Rules.
Publish the IC’s contact details and the consequences of sexual harassment in a visible place. Give members the time and support to conduct their duties, and train employees and committee members on the policy, reporting route, inquiry process and confidentiality obligations.
Make the complaint process clear
An aggrieved woman may make a written complaint to the IC or Local Committee within three months of the incident, or the last incident in a series. The committee may extend the period by up to a further three months for reasons recorded in writing. If the woman cannot make the complaint in writing, the committee must provide reasonable assistance to record it. The statute also provides for a conciliation process only at the aggrieved woman’s request; monetary settlement cannot be the basis of conciliation.
The committee conducts the inquiry under the Act, Rules and applicable service rules. The inquiry is to be completed within 90 days; the report is to be provided within 10 days after completion; and the employer or District Officer must act on the recommendation within 60 days. Protect confidentiality at every stage. The Act allows action for a malicious or knowingly false complaint only after the required finding; inability to substantiate a complaint by itself is not proof of malice.
Meet employer duties and reporting requirements
- Provide a safe workplace and communicate the policy and complaint contacts.
- Support the committee with records, witnesses, facilities and time needed for its inquiry.
- Assist an aggrieved woman who chooses to pursue a criminal complaint under the applicable law.
- Treat sexual harassment as misconduct and act on a committee recommendation in accordance with the Act and applicable service rules.
- Ensure the IC submits its annual report to the District Officer. Employers must include the prescribed complaint information in the organization’s annual report where the Act requires it. Do not assume a universal 31 January filing date; follow the current District Officer’s instructions.
Penalties and legal routes
Section 26 of the POSH Act allows a fine of up to ₹50,000 for specified employer failures, including not constituting an IC where required or failing to act on the required recommendations or reporting duties. A repeat conviction can lead to a higher fine and, where applicable, action concerning a licence or registration. The Act’s employer-compliance penalty is separate from any criminal-law process concerning the underlying conduct. The Bharatiya Nyaya Sanhita, 2023 has been in force since 1 July 2024; references in older POSH guides to the Indian Penal Code should be checked against the current criminal law.
The POSH Act does not make an employer automatically liable for every act of an employee. Employer obligations arise from the Act and the facts; a civil or criminal claim requires its own legal basis. Obtain case-specific legal advice where a complaint or inquiry is underway.
Practical safeguards
- Keep complaint and inquiry records separate from routine personnel files, with access limited to people who need them.
- Do not retaliate against a complainant, respondent or witness for participating in the process.
- Preserve relevant messages, emails, access logs and other evidence lawfully and securely.
- Review the committee’s constitution, training and contact details when staff or work locations change.
- Check the applicable IC or Local Committee route before directing a person to file a complaint.
Official sources
- India Code: POSH Act, 2013.
- Ministry of Women and Child Development: legislation and Rules.
- India Code: Bharatiya Nyaya Sanhita, 2023.
- Kerala Labour Commissionerate notices.
This is general information and not a substitute for advice on a complaint or inquiry. For employer policy and training support, see contact GHR Consultancy.