Posh Compliance India


With Vakilsearch, you can create and customise Employee-To-Employee POSH compliance programs to fit your own business needs.

  1. Quick and Efficient Services
  2. Affordable to All
  3. Expert Assistance
  4. Transparent and Trustworthy
Get Started!
Select City*
Select Language*
Get easy updates throughWhatsapp
noimage400,000 +

Business Served

noimage4.3/5

Google Ratings

noimageEMI

Easy EMI Options

Why Vakilsearch for POSH Compliance India?

In 2013 the Indian government established the POSH Act, 2013 to increase women's protection, especially in the workplace (Policy for Prevention of Sexual Harassment). This protects workers against sexual harassment. Here is how Vakilsearch can help you:

noimage

We help the company to draft an organisational policy on POSH

Step 1

noimage
noimage

Our experts help to change the employment contract in accordance with the POSH policy

Step 2

noimage
noimage

Submit the ICC's annual report to your employer and district officer (DM/ADM)

Step 3

POSH Compliance - Overview

The POSH (Prevention of Sexual Harassment) Act was introduced in 2013 in India in order to provide a safe and secure workplace environment for women. The Posh Compliance act covers a wide range of sexual harassment including physical, verbal, emotional, and online harassment. Since its introduction, the POSH Act has been mandatory for all workplaces with more than 10 employees. However, many businesses are still not compliant with the act.

Posh Compliance

These steps include creating a sexual harassment policy, appointing an Internal Complaints Committee, and conducting awareness training for employees.

Pre-documenting POSH Complaint

Pre-documenting a POSH complaint means creating a written account of the harassment faced by an employee at the workplace. This account can be in the form of a diary entry, email, or any other document.

Documenting a Posh Compliance has many advantages. It creates a record of the events which can be used as evidence in case the matter goes to trial. It also puts the onus on the company to take action against the perpetrator and create a safe working environment for all employees.

When pre-documenting a POSH complaint, it is important to include all relevant details such as dates, times, names, and locations. Any witnesses should also be named. The account should be as clear and concise as possible.

Who can File a complaint under POSH Act?

The POSH Act applies to all organisations with more than 10 employees. Organisations with fewer than 10 employees may also voluntarily adopt the provisions of the POSH Act.

Organisations that are required to comply with the POSH Act must take steps to prevent and redress acts of sexual harassment in the workplace. They must also provide a safe and secure working environment for women employees, and take measures to protect them from sexual harassment.

Organisations that adopt the provisions of the POSH Compliance Act are required to set up an Internal Complaints Committee (ICC) to address complaints of sexual harassment. The ICC must be headed by a woman employee and must have at least 50% women members.

Organisations that fail to comply with the provisions of the POSH Act may be liable to penalties under the Indian Penal Code and other laws.

Documents Required for Post Investigation

As per the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013, certain documents are required to be maintained by the Internal Complaints Committee (ICC), which is responsible for conducting an enquiry into a Sexual harassment complaint(POSH Compliance).

The following documents must be kept by the ICC:

  • The written complaint of sexual harassment made by the victim.
  • Any supporting documents or evidence provided by the victim, such as emails, text messages, etc.
  • All statements recorded during the course of the enquiry, including those of witnesses.
  • The final report prepared by the ICC after completing its enquiry.

Mandatory Steps taken by Company against POSH Act in India

As per the POSH Act, every company is required to take the following mandatory steps:

1. Appoint an Internal Complaints Committee (ICC): As per the POSH Act, every company with more than 10 employees must appoint an ICC. The ICC must have at least 4 members, including a Presiding Officer who is a senior-level employee of the company. At least 50% of the members of the ICC must be women.

2. Display notice of sexual harassment policy: The POSH Act requires companies to display a notice of their sexual harassment policy in a conspicuous place at the workplace. The notice must include the name and contact details of the ICC Members.

3. Conduct awareness programmes: Companies are required to conduct regular awareness programmes for all employees on sexual harassment and the procedures for filing complaints under the POSH Act.

4. Investigate complaints promptly: All complaints filed with the ICC must be investigated promptly and action taken against the perpetrator, if found guilty.

Features of POSH Act 2013

  • The act applies to all workplaces with more than 10 employees.
  • ICCs must be set up in workplaces to investigate complaints of sexual harassment.
  • Employers are required to provide a safe and secure working environment for women, including access to CCTV cameras, security guards, and anti-sexual harassment policies.
  • Employees who experience sexual harassment can file a complaint with the ICC or directly with the police.
  • Employers who do not comply with the POSH act can be fined up to ₹50,000.

POSH Policy

Organisations are increasingly adopting POSH Compliance policies to prevent and address sexual harassment at workplace. A POSH policy is a comprehensive document that lists out the organisation's stance on sexual harassment, procedures for reporting and investigating complaints, and mechanisms for providing support to employees who have experienced sexual harassment.

Employees should be aware of their organisation's POSH policy and familiarise themselves with the procedures for making a complaint. If you experience sexual harassment at work, or witness it happening to someone else, it is important to report it immediately. Your organisation's POSH policy will outline the specific steps to take in reporting an incident.

Once a complaint has been made, the organisation will investigate the matter and take appropriate disciplinary action against the perpetrator, if found guilty. The victim of sexual harassment will also be provided with support and counselling, if needed. It is important for organisations to have a POSH policy in place to create a safe and respectful working environment for all employees. If you are ever unsure about how to handle a situation involving sexual harassment at work, always refer back to your organisation's POSH policy for guidance.

With Vakilsearch, businesses can be confident that they are meeting their obligations under the POSH Act and creating a safe and secure environment for all employees.

POSH Committee

The PoSH Committee is a group of individuals who are responsible for ensuring POSH compliance with the Prevention of Sexual Harassment (PoSH) Act in India. The committee is typically made up of senior executives from an organisation, and its members are responsible for investigating complaints of sexual harassment, taking disciplinary action against offenders, and developing policies and procedures to prevent sexual harassment from occurring.

The PoSH Act was enacted in response to the growing problem of sexual harassment in the workplace. The Act requires organisations with more than 10 employees to establish a PoSH Committee, and sets forth specific guidelines for how the committee must operate. The committee must meet at least once every three months, and must keep minutes of its meetings that detail the complaints received and investigated, as well as the actions taken in response to those complaints.

Organisations that fail to comply with the PoSH Act can be subject to fines and other penalties. Additionally, victims of sexual harassment who do not receive satisfaction from their employer’s PoSH Committee can file a complaint with the National Commission for Women or the State Women’s Commission.

Annual Report on POSH Compliance

  • 89% of organisations have a POSH policy in place, up from 80% last year.
  • 72% of organisations have set up an Internal Complaints Committee (ICC), as required by law. This is a significant increase from last year's figure of 54%.
  • 58% of employees are aware of the POSH policy, up from 50% last year.
  • 41% of employees feel comfortable reporting sexual harassment, up from 33% last year.

Applicability of POSH Act 2013 (POSH Compliance)

POSH compliance is applicable to every organization with more than 10 employees in India. It is the responsibility of the Employer to provide a safe and secure working environment for all its employees and to take all reasonable steps to prevent sexual harassment at workplace.

The Internal Complaints Committee (ICC) is responsible for handling complaints of sexual harassment at workplace, and for taking appropriate action against the perpetrator. POSH compliance requires that every employer must constitute an ICC, if they do not already have one in place.

The process of filing a complaint with the ICC can be initiated by any employee of the organisation who has been a victim of sexual harassment at workplace. The complaint can be made orally or in writing, and must be signed by the complainant.

Once a complaint is filed, the ICC will investigate the matter and if they find that the sexual harassment has indeed taken place, they will take appropriate action against the perpetrator. This may include disciplinary action such as warnings, suspension, or even termination from employment.

The ICC will also take steps to protect the victim from further harassment or retaliation from the perpetrator or any other employee of the organisation. In some cases, the ICC may also recommend the transfer of the victim to another department or location.

Why Vakilsearch?

We have a team of experienced lawyers who can guide you through the process and ensure that your company is compliant with all the necessary regulations.

We have a strong commitment to customer service and will provide you with all the support you need to successfully implement POSH compliance in your workplace.

Get me more details
Select City*
Select Language*