POSH Act 2013: A Complete Guide for Kerala Employers

Why the POSH Act matters for every Kerala employer

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 — commonly called the POSH Act — applies to every workplace in India with 10 or more employees. Kerala is no exception. The Kerala State Women's Commission and the District Officers under the Act have been steadily increasing inspections, and non-compliance is now one of the most common reasons mid-sized companies in Kochi, Trivandrum and Kozhikode receive show-cause notices.

This guide walks Kerala employers through everything they must do to be POSH-ready in 2026 — from forming an Internal Committee, to writing a policy, to filing the annual report.

Who the Act applies to

The POSH Act applies to:

• Every private company, LLP, partnership and proprietorship with 10 or more workers (any gender, full-time, part-time, contractual, interns, daily wage)
• Every government office, PSU, hospital, school, college and NGO
• Domestic workers, gig workers and women working from home for an employer
• Any "workplace" — which now includes client sites, transport provided by the employer, and virtual / work-from-home settings

If you have fewer than 10 employees, the complaint is handled by the Local Committee at the District Officer's office instead of an internal committee — but you are still bound by the Act.

The four duties every employer must fulfil

Section 19 of the POSH Act lists employer duties. In practice, Kerala employers must demonstrate four things during any inspection:

1. A constituted Internal Committee (IC) with the right composition
2. A written POSH Policy displayed at the workplace and on the intranet
3. Annual awareness training for all employees + IC capacity-building
4. Annual Report filed with the District Officer by 31 January each year

Missing any one of these is the single most common compliance gap we see in Kerala audits.

Internal Committee — composition rules

Your IC must have:

• A Presiding Officer who is a senior woman employee
• At least two members from among employees committed to the cause of women or with experience in social work or legal knowledge
• One External Member from an NGO or association familiar with sexual-harassment issues — this is mandatory and most often missed
• At least half of the total members must be women

The IC's term is three years, and members can be removed only on specified grounds. Document every appointment via a formal order signed by the employer.

Writing a Kerala-ready POSH Policy

A Kerala-compliant POSH policy should cover:

• Definitions (in plain Malayalam + English where possible)
• Scope (who and what is covered, including remote work)
• The complaint mechanism, timelines and confidentiality rules
• Interim relief measures during inquiry
• Penalties for false or malicious complaints
• Contact details of the IC, Presiding Officer and the District Officer

Display the policy in Malayalam and English at every workplace entrance, in canteens and on the intranet. Many Kerala District Officers specifically check for the Malayalam version during inspection.

The complaint and inquiry process

When a complaint is received:

1. The aggrieved woman files within 3 months (extendable by another 3)
2. The IC may attempt conciliation if requested by the complainant (no monetary settlement)
3. If conciliation fails or isn't sought, the IC begins an inquiry
4. The inquiry must be completed within 90 days
5. The IC submits its report to the employer within 10 days of completion
6. The employer must act on the recommendations within 60 days

Throughout, Principles of Natural Justice must be followed — the respondent must get a copy of the complaint, opportunity to respond, and the right to cross-examine.

Penalties for non-compliance

• ₹50,000 fine for the first violation
• Cancellation of business licence or registration for repeat violations
• Personal liability of the employer / company directors
• Reputational damage and mandatory disclosure in the Director's Report (for companies)

Your 2026 POSH compliance checklist

• [ ] IC reconstituted within term and all appointment orders signed
• [ ] External Member contract renewed
• [ ] POSH policy displayed in Malayalam + English
• [ ] All-staff awareness session conducted in the last 12 months
• [ ] IC members trained by an empanelled trainer
• [ ] Complaint register maintained
• [ ] Annual Report filed with District Officer before 31 January

If even one of these boxes is unchecked, your organisation is exposed. FIO Foundation runs Kerala-specific bootcamps in Kozhikode, Kochi and Trivandrum that close every gap in a single day — see the Bootcamp page for the next batch.