Sexual Harassment at Workplace (POSH)
Leading POSH Compliance Law Firm in India for IC Training and Workplace Safety
Our Sexual Harassment at Workplace practice provides comprehensive legal support to organizations in implementing and maintaining compliance with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act). We assist employers across industries in creating safe work environments through policy development, training, and effective redressal mechanisms. Our team of specialized attorneys brings extensive experience in workplace harassment prevention, investigation management, and resolution of complaints. We partner with organizations to foster respectful workplaces while ensuring full legal compliance and mitigating risks associated with workplace harassment.
Our Services
POSH Compliance Framework Development
- Developing comprehensive Anti-Sexual Harassment policies aligned with the POSH Act requirements
- Advisory on setting up Internal Committee (IC) and governance guidelines
- Developing reporting frameworks for annual and regulatory disclosures
- Creating templates for notices, minutes, findings reports, and other critical documentation
- Establishing guidelines for confidentiality and sensitive information handling
- Implementing integration of POSH policies with existing HR frameworks
- Developing remedial action protocols and disciplinary guidelines
Internal Committee (IC) Formation and Training
- Advising on proper composition of Internal Committees in compliance with the POSH Act
- Conducting specialized training programs for IC members on:
- Legal framework and statutory obligations
- Fair investigation techniques
- Procedural compliance during inquiries
- Evidence assessment and documentation
- Report writing and recommendations
- Providing guidance on selecting appropriate external members for the IC
- Supporting IC member appointment and rotation compliance
- Offering refresher training for IC members on legal updates and best practices
- Providing ongoing advisory support to IC members during active cases
- Supporting documentation practices throughout the complaint lifecycle
Workplace Awareness and Prevention Programs
- Designing and delivering customized employee awareness sessions on sexual harassment prevention
- Developing specialized training modules for different organizational levels:
- Entry-level employees
- Middle management
- Senior leadership
- Board members
- Creating industry-specific case studies and training materials
- Developing remote/virtual workplace harassment prevention strategies
- Designing train-the-trainer programs for internal sustainability
POSH Compliance Audits and Risk Assessment
- Conducting comprehensive POSH compliance audits of existing frameworks
- Reviewing IC formation, composition, and operational effectiveness
- Auditing complaint handling procedures and historical cases
- Assessing training effectiveness and organizational awareness
- Evaluating documentation systems and compliance evidence
- Conducting risk assessments for vulnerable operational areas
- Reviewing integration with other workplace policies (code of conduct, ethics policy)
- Assessing special considerations for remote/hybrid work environments
- Providing benchmarking against industry best practices
Litigation Support and Representation
- Representing employers before courts and tribunals in POSH-related matters
- Providing defence against allegations of non-compliance or procedural lapses
- Offering advisory support during external investigations by labor authorities
- Assisting with responses to show cause notices and regulatory inquiries
- Representing organizations in appeals against IC findings
- Supporting legal aspects of employee terminations following harassment findings
FAQs
What does a POSH compliance practice cover for employers in India?
It covers end-to-end support under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. This includes policy drafting, Internal Committee formation, employee awareness training, complaint investigation guidance, and annual compliance filings.
When should an organization engage a POSH compliance advisor?
Ideally before a complaint arises. Any employer with ten or more employees must constitute an Internal Committee and file an annual report. Engaging early helps build compliant frameworks, train IC members, and avoid penalties for non-compliance under the POSH Act.
Which Indian statute governs workplace sexual harassment prevention?
The POSH Act, 2013, along with rules notified in December 2013, is the primary statute. It mandates Internal Committees, prescribes inquiry procedures, and requires annual reporting to the District Officer. Non-compliance can attract fines and cancellation of business licences.
What is the typical timeline for an Internal Committee inquiry under the POSH Act?
The IC must complete its inquiry within 90 days of receiving a written complaint. It then submits findings and recommendations to the employer within 10 days. The employer must act on those recommendations within 60 days. Delays often stem from poor documentation or procedural gaps.
What documents are needed to set up a POSH compliance framework?
Key requirements include a board resolution constituting the IC, a written anti-sexual harassment policy, appointment letters for IC members including the external member, employee acknowledgment records, and prior annual reports filed with the District Officer, if any.
What common POSH compliance mistakes do Indian employers make?
Frequent pitfalls include not appointing a qualified external member to the IC, failing to file the mandatory annual report, conducting inquiries without trained IC members, and treating the policy as a one-time exercise rather than maintaining ongoing awareness and refresher training.