POSH Policy: What Every Kerala Employer Must Include

Your POSH Policy is the foundation of everything

A POSH inquiry, an awareness session, a District Officer's audit — every one of them starts with the question: "Show me your written POSH Policy."

If your policy is missing, weak, or copy-pasted from a generic template, every other compliance step you have built will be questioned. This guide spells out what every Kerala employer must include in a defensible POSH policy.

Section 1 — Preamble and commitment statement

Open with a clear statement that:

• The organisation is committed to a workplace free of sexual harassment
• The policy is issued under the POSH Act 2013 and the Rules of 2013
• Every employee, intern, contractor and visitor is expected to comply

Sign and date the preamble in the name of the highest authority (MD / CEO / Founder).

Section 2 — Scope and definitions

State explicitly that the policy applies to:

• All employees, regardless of designation, gender or contract type
• Interns, trainees, daily wage workers and consultants
• Visitors, vendors, clients on the premises
• Work-from-home and virtual workplaces
• Company-provided transport
• Off-site events, training and client locations

Reproduce the Section 2(n) definition of "sexual harassment" verbatim, plus the five circumstances under Section 3(2). Add plain-English examples specific to Kerala workplaces.

Section 3 — The Internal Committee

List:

• The current IC members with names, designations and contact details
• The term of the current IC
• The role of the External Member
• Contact of the District Officer for the area

Update this section every time the IC reconstitutes. Old member lists displayed on the policy file is one of the most common audit findings.

Section 4 — How to file a complaint

Provide:

• Multiple channels — written, email, in-person, dedicated complaint box
• Email IDs of the Presiding Officer and HR
• A standard complaint form as Annexure
• Time limit (3 months, extendable by 3) and language flexibility (Malayalam / English)
• Provision for complaints by legal heirs of the aggrieved woman if she is unable to file

Section 5 — The inquiry process

Walk the policy reader through:

• Acknowledgement within 7 working days
• Option of conciliation (no monetary settlement)
• Inquiry completed within 90 days
• Principles of natural justice — copy of complaint, opportunity to reply, cross-examination
• Confidentiality during and after inquiry (Section 16 — penalty up to ₹5,000)
• Interim measures the IC may recommend (transfer, leave up to 3 months, restraining contact)

Section 6 — Outcomes and recommendations

Spell out:

• What action will be taken if the complaint is upheld (warning, suspension, termination, recovery)
• Action against false / malicious complaints (Section 14) — but never as a deterrent against genuine complaints
• Right of appeal within 90 days of the recommendation

Section 7 — Awareness, training and reporting

Commit, in policy, to:

• Annual all-staff awareness session in Malayalam and English
• Capacity-building of IC members at least once a year
• Display of IC details and policy summary at every workplace
• Filing of Annual Report with the District Officer by 31 January each year

Section 8 — Confidentiality and protection from retaliation

Make explicit that:

• The identity of the complainant, respondent and witnesses shall not be disclosed to the public, press or social media
• No retaliation of any kind against a complainant or witness
• Breach of confidentiality is itself a punishable offence under the Act

Section 9 — Annexures

Attach as annexures:

• Complaint form
• Response template
• Sample IC Constitution Order
• Contact details of the District Officer
• Quick-reference summary in Malayalam

Common policy gaps in Kerala audits

1. No Malayalam version displayed
2. Outdated IC list
3. No mention of work-from-home in scope
4. Missing conciliation provision
5. No annexed complaint form
6. No reference to the Annual Report filing deadline

Get a Kerala-ready policy in a single bootcamp day

The FIO Foundation POSH Bootcamp hands every participant a Kerala-customised POSH policy as part of the take-home toolkit — drafted to clear District Officer audits across Kozhikode, Kochi and Trivandrum.