POSH for Retail and Hospitality Workers: Handling Harassment in Customer-Facing Jobs

By shagun, 2 April, 2025

Introduction

Retail and hospitality industries require employees to interact with customers daily, making female workers more vulnerable to workplace sexual harassment.

Did you know?
Many female retail workers and hospitality staff face sexual harassment from customers, managers, or colleagues.
Sexual harassment can include inappropriate touching, offensive comments, or demanding favours.
The POSH Act, 2013 (Prevention of Sexual Harassment at Workplace Act) applies to all workplaces, ensuring a safe work environment.
If you work in retail or hospitality, POSH laws protect you!

This guide will help you understand:

What counts as sexual harassment in customer-facing jobs?
Your legal rights under POSH
How to report harassment and seek justice
What employers must do to protect workers

1. What is Considered Sexual Harassment at the workplace?

The POSH Act defines sexual harassment as any unwelcome sexual behaviour that makes a woman feel unsafe or uncomfortable at work or lowers her dignity just because she is a woman.

Common Forms of Workplace Harassment in Retail and Hospitality Jobs

Below are the common forms of Workplace Harassment in Retail and Hospitality Jobs:

Harassment by Customers
- Inappropriate touching or lingering during transactions.
- Unwanted personal questions (e.g., "Are you single?").
- Demanding phone numbers or personal details.
- Making inappropriate comments about a female employee's appearance.
Harassment by Managers or Colleagues
- Forcing employees to entertain special clients in return for good shifts or tips.
- Unwanted advances from male managers or supervisors.
- Creating a toxic work culture with sexist jokes.
Harassment by Vendors and Delivery Partners
- Unwanted physical contact during deliveries.
- Inappropriate texts or messages from suppliers.
- Being followed or stalked after work hours.

Example: A hotel front desk employee receives inappropriate messages from a guest who got her number from the reservation system—this is workplace harassment.

2. Who is Protected Under POSH in Retail and Hospitality?

The POSH Act applies to all female workers in customer-facing jobs, including:

Retail store employees and cashiers
Sales associates and brand representatives
Waitresses and restaurant staff
Hotel front desk executives and housekeepers
Spa and salon employees
Flight attendants and airline staff
Event management workers

Even if you are a part-time or temporary employee, you are legally protected under POSH.

3. How to File a POSH Complaint in Retail and Hospitality?

Step 1: Report the Incident to the Internal Complaints Committee (ICC)

Every store, hotel, restaurant, or service company with 10 or more employees must have an ICC for handling sexual harassment cases.
Submit a written complaint within 3 months of the incident.
The ICC must start an inquiry within 7 days.

If your company does not have an ICC, you can report to the Local Complaints Committee (LCC) in your district.

Step 2: Gather Evidence (If Available)

Emails, text messages, or CCTV footage showing inappropriate behaviour.
Photos or screenshots of offensive messages from customers or colleagues.
Witness statements from co-workers who saw the harassment.

Example: A woman working in a shopping mall gets harassed by a customer, and security ignores her complaint—she should document the incident and report it to the ICC.

Step 3: ICC Investigation and Actions

The ICC must complete the inquiry within 90 days.
If harassment is proven, the company must take strict action against the offender.

Banning or blacklisting the customer.
Termination of a guilty manager or colleague.
Filing a police complaint in serious cases.

Example: A hotel staff member is harassed by a guest but is told to "ignore it." If the ICC does not take action, she can approach the Local Complaints Committee (LCC).

Step 4: Appeal to a Labor Court (If needed)

If the ICC's decision is unfair, you can:

Appeal in labour court within 90 days.
File a police complaint if the harassment involved physical assault or stalking.

Example: A female sales associate reports harassment by a manager. If the ICC does not take action, she can take the case to a labour court.

4. Legal Rights of Retail and Hospitality Workers Under POSH

The POSH Act gives female employees in customer-facing jobs the following rights:

Right to a Safe Workplace: Employers must ensure a harassment-free environment.
Right to Confidentiality: The victim's identity must be kept secret.
Right to Protection from Retaliation: Employers cannot fire or demote a woman for filing a POSH complaint.
Right to Fair Investigation: The ICC must complete enquiries within 90 days.
Right to Legal Action: If harassment is serious, victims can file an FIR with the police.

Example: A female hotel receptionist reports harassment by a guest. If HR asks her to "just be polite and accept it," she can file a legal case for inaction.

5. What Should Employers Do to Prevent Harassment in Retail and Hospitality?

Under the POSH Act, every retail and hospitality company must take these steps:

Set up an Internal Complaints Committee (ICC): Required for businesses with 10+ employees.
Conduct POSH training: Employees must attend sexual harassment prevention workshops.
Monitor Customer Interactions: Employers must train security teams and managers to protect employees.
Take Action Against Harassers: Strict action against any employee, customer, or vendor involved in harassment.
Ensure Safe Reporting: Female employees should be able to report harassment without fear.

Example: A retail store allows customers to behave inappropriately with female employees. If reported, the company can be fined ₹50,000 for non-compliance.

6. What to Do If Your Employer Ignores Your POSH Complaint?

If your company fails to take action, you can:

Report to the Local Complaints Committee (LCC) in your district.
Approach a labour court for employer non-compliance.
File a police complaint (if the harassment involved physical assault or threats).

Example: A female employee in a restaurant reports a senior chef for inappropriate behaviour. If HR ignores her complaint, she can file a case with the LCC or police.

7. FAQs on POSH for Retail and Hospitality Workers

Can customers be held responsible under POSH?
Yes! POSH laws apply to customers, guests, and vendors if they harass an employee.

What if my store or hotel does not have an ICC?
You can file your complaint with the Local Complaints Committee (LCC).

Can I file a complaint anonymously?
No. However, your identity will be kept confidential throughout the investigation.

What if my employer retaliates after I report harassment?
Retaliation is illegal under POSH. You can take legal action in a labour court.