POSH policy template

1. Purpose

[Company Name] is committed to a workplace where every woman can work with dignity and free from sexual harassment. This policy sets out how we prevent sexual harassment, how an aggrieved woman can make a complaint, and how the Internal Committee will deal with it, in line with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and the rules made under it.

2. Scope

This policy protects any woman harassed at a workplace of [Company Name], whether she is an employee, trainee, intern, consultant, contract worker, visitor, customer or a vendor's staff member. Workplace includes our offices, plants, branches, warehouses, client sites, transport provided by the Company, places visited during work travel, off-site events, and online meetings and chat groups used for work. Optional clause: [Company Name] also applies the complaint process in this policy to complaints of sexual harassment made by employees of any gender.

3. Definitions

• Sexual harassment: any unwelcome sexually determined behaviour, directly or by implication, such as physical contact and advances, a demand or request for sexual favours, sexually coloured remarks, showing pornography, or any other unwelcome physical, verbal or non-verbal conduct of a sexual nature.
• Such behaviour may also involve an implied promise of preferential treatment, an implied or explicit threat about present or future employment, or the creation of an intimidating, offensive or hostile work environment.
• Aggrieved woman: a woman who alleges that she has been subjected to sexual harassment at the workplace.
• Respondent: the person against whom a complaint is made.
• Internal Committee: the committee constituted by [Company Name] under the Act to receive and inquire into complaints.

4. Policy statement

Sexual harassment in any form is prohibited at [Company Name]. It is misconduct under our service rules, and proven cases will lead to disciplinary action regardless of the respondent's seniority, performance or relationship with management.

5. Internal Committee

[Company Name] has constituted an Internal Committee at [Office or Unit Name], and at every other office or unit where the Act requires one. Its composition follows the Act.
Presiding Officer: [Name, Designation, Phone, Email]
Members: [Name, Designation], [Name, Designation]
External member: [Name, Organization]
The Committee's details are displayed at [Locations] and on [Intranet Page or Notice Board].

6. Procedure for making a complaint

• The aggrieved woman, or a person permitted by the Act to complain on her behalf, submits a written complaint to any member of the Internal Committee, by hand or by email to [IC Email Address].
• The complaint should describe what happened, when and where, who was involved and who witnessed it. Messages, emails or other supporting documents may be attached.
• Complaints should be made as early as possible. The Act sets a time limit for filing and allows an extension in some circumstances, and the Committee will explain this to the complainant.
• If the complainant cannot put the complaint in writing, the Presiding Officer or any member will help her do so.

7. Procedure for conciliation and inquiry

• Before starting an inquiry, the Committee may attempt conciliation at the complainant's request. A monetary settlement will not be the basis of any conciliation.
• Without conciliation, the Committee inquires into the complaint following the principles of natural justice. The respondent receives a copy of the complaint and a chance to reply, and both sides may present witnesses and documents.
• On a written request from the complainant during the inquiry, the Committee may recommend interim relief, such as transferring either person, granting her leave, or stopping the respondent from assessing her work.
• The Committee completes the inquiry and gives its findings and recommendations to management within the time allowed by the Act and its rules.
• Management acts on the recommendations within the time allowed by the Act and informs both parties in writing.

8. Action on findings

Where a complaint is proved, action against the respondent may include a written apology, a warning, a reprimand, withholding of promotion or increment, counselling, community service, transfer or termination of employment, as recommended by the Committee and consistent with our service rules. If the Committee finds that a complaint was made with malicious intent or with documents known to be false, it may recommend action against the complainant. Failure to prove a complaint does not by itself make the complaint false or malicious.

9. Confidentiality and no retaliation

The identities of the complainant, respondent and witnesses, the contents of the complaint, the inquiry proceedings and the recommendations will be kept confidential and will not be disclosed to the media or the public. No person will be victimised for complaining in good faith, supporting a complainant or giving evidence. A threat, an unfavourable change of duties or a poor rating linked to a complaint is misconduct in its own right.

10. Responsibilities

• Management: constitute and support the Internal Committee, give it time and resources, and act on its recommendations.
• Internal Committee: receive complaints, conduct inquiries fairly, keep records secure and prepare an annual report on its work.
• HR: arrange awareness sessions for employees and orientation for Committee members, and keep the displayed Committee details current.
• Managers: pass any report of sexual harassment to the Committee at once and never try to settle it informally.
• Employees: treat colleagues with dignity, cooperate with any inquiry and keep its details confidential.

11. Exceptions

There is no exception to the prohibition of sexual harassment. Where the respondent is not our employee, for example a customer or a vendor's staff member, [Company Name] will still receive the complaint, support the complainant and take every step within its control, including raising the matter with the respondent's employer.

12. Review

The Internal Committee and [HR Head Designation] will review this policy every [12] months, and also whenever the Act or its rules change, a member's term ends, or a case shows that the process needs improvement. Any change in Committee membership will be announced to employees within [Number] days.