POSH Compliance: What Employers and Organisations Should Review

A practical overview of workplace sexual-harassment prevention, Internal Committee requirements, complaint handling and policy documentation.

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 creates a statutory framework for prevention and redressal of sexual harassment at the workplace. India Code lists provisions dealing with prevention, constitution of the Internal Committee, complaints, inquiry and employer duties.

1. Internal Committee

S. 4 addresses constitution of the Internal Committee. Organisations should ensure that the committee's composition and appointment records are properly documented and kept current.

2. Written policy and awareness

A POSH policy should explain the organisation's reporting mechanism, broad roles and responsibilities, confidentiality expectations and the applicable process. Policy wording should be supported by actual workplace procedures.

3. Complaint and inquiry process

S. 9 deals with complaints of sexual harassment, while S. 11 addresses inquiry into a complaint. The process should be handled with procedural care, appropriate documentation and respect for confidentiality requirements.

4. Training and sensitisation

Periodic employee sensitisation and committee training can help organisations understand the statutory framework and their responsibilities. Training should be practical and relevant to the organisation's workplace structure.

5. Compliance is more than a policy document

Effective POSH compliance involves governance, committee constitution, awareness, complaint-handling procedures, records and periodic review. A policy that is not implemented in practice may not adequately address organisational risk.

Important: This article is for general informational purposes only and is not legal advice. The applicable law, facts, limitation periods, rules and procedural requirements should be assessed for the particular matter.