POSH Law Practice
Our POSH practice advises employers on the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 — Internal Complaints Committee constitution, POSH policy drafting, POSH training, complaint inquiry management, annual reporting, and the interface between POSH proceedings and employment litigation. The Act’s requirements are mandatory for all employers with ten or more employees, without exception. In our practice, we advise employers on building POSH compliance frameworks that are substantively effective, not just technically present.
- The ICC must be constituted with a prescribed composition: a presiding officer who is a senior woman employee, at least two employee members committed to women’s causes, and an external member from an NGO or association committed to women’s causes. An ICC without this composition is non-compliant regardless of when it was constituted.
- The POSH policy must be circulated to all employees — not merely posted on a noticeboard. It must define sexual harassment, set out the complaint procedure, guarantee protection from retaliation, and describe the consequences of a finding.
- Annual reports must be filed with the District Officer stating the number of complaints received, disposed of, and pending. Non-filing is a statutory violation attracting penalties.
- The POSH inquiry must be completed within ninety days of the complaint being received, and the ICC must submit its report within ten days of completing the inquiry. These are statutory requirements, not aspirational timelines.
- A POSH inquiry conducted without proper procedure, without adequate opportunity to be heard, or without applying the correct evidentiary standard (balance of probabilities, not beyond reasonable doubt) creates significant legal risk for the employer.
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ICC Constitution and POSH Policy Implementation
We advise employers on constituting a validly composed Internal Complaints Committee under Section 4 of the POSH Act — with a presiding officer who is a senior woman employee, at least two members committed to women’s causes or with social work experience, and an external member from an NGO or legal background working on women’s rights. We advise on the selection and appointment of the external member, the term limits for ICC members, and the procedure for addressing situations where the presiding officer or a member is the subject of a complaint.
We draft POSH policies tailored to each employer’s workplace — covering the definition of sexual harassment, the procedure for filing a complaint, the confidentiality obligations of all parties and the ICC, the protection from retaliation for complainants and witnesses, and the consequences of a proven complaint. Template policies that do not accurately describe the employer’s actual complaint process or consequence framework provide inadequate protection to employees and inadequate compliance coverage for the employer.
POSH Training and Awareness
We deliver POSH training for employers across India — covering the definition of sexual harassment, the obligation to report, the complaint process, the protection available to complainants, and the employer’s obligations. We deliver separate training for ICC members covering the inquiry procedure, evidentiary standards, and the report-writing and recommendation process. POSH training must reach all employees, including contractual workers and third parties working on the premises.
“POSH compliance on paper — an ICC that exists but never meets, a policy that exists but was never circulated, training that was completed once but never repeated — is non-compliance. The Act requires substantive implementation, not documentary evidence of a tick-box exercise.”Complaint Inquiry Management
We advise ICC members on the conduct of POSH inquiries — from the receipt of a complaint through the conciliation option (available at the complainant’s request under Section 10), the inquiry procedure, the opportunity to be heard for both parties, the evidentiary standard applicable (balance of probabilities, not beyond reasonable doubt), the ICC’s report, and the recommendations for action against the respondent if the complaint is substantiated. We advise on the consequences of a finding — disciplinary action, termination — and on the evidentiary use of the ICC report in employment litigation if the respondent challenges the disciplinary outcome.
POSH and Employment Litigation — The Interface
We advise employers on managing the interface between POSH proceedings and employment litigation. Where a respondent challenges an adverse ICC finding through employment litigation or a writ petition, the employer’s position depends on the quality of the inquiry record — the procedural correctness of the process, the adequacy of the opportunity to be heard, and the reasonableness of the ICC’s conclusions. We advise complainants on their rights where the employer has failed to act on an ICC recommendation, including through complaints to the District Officer under Section 20 of the Act. Across 13 partners and 220+ professionals from offices in New Delhi, Mumbai, Chennai, Hyderabad, and Bangalore.
Frequently Asked Questions
POSH Law Practice FAQ
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 applies to every employer with ten or more employees — across all sectors, all types of employment (permanent, contractual, temporary, or daily wage), and all workplace types including offices, factories, construction sites, hospitals, hotels, and sports institutes. There is no sector exemption or size exemption above the ten-employee threshold.
Under Section 4 of the POSH Act, the ICC must consist of: a presiding officer who is a woman employed at a senior level at the workplace from among the employees; not less than two members from among employees preferably committed to the cause of women or who have had experience in social work or have legal knowledge; and one member from among non-governmental organisations or associations committed to the cause of women or a person familiar with issues relating to sexual harassment. The external member requirement is mandatory — an ICC without an external member is non-compliant.
The evidentiary standard applicable in a POSH inquiry is the civil standard: balance of probabilities. The ICC must determine whether it is more probable than not that the alleged sexual harassment occurred. The criminal standard — beyond reasonable doubt — does not apply. This is an important distinction because ICC members who incorrectly apply the criminal standard are likely to under-substantiate complaints and expose the employer to the risk that the inquiry process is successfully challenged by the complainant.
Under Section 26 of the POSH Act, an employer who fails to constitute the Internal Complaints Committee, fails to take action on the ICC’s recommendations, or fails to file the annual report with the District Officer is liable to be punished with a fine of up to fifty thousand rupees. Repeated violations can result in the fine being doubled and the cancellation of the employer’s licence to operate. In addition, employees who have been denied access to an ICC may file complaints directly with the Local Complaints Committee constituted by the District Officer.
Yes. An employee against whom an adverse finding has been made by the ICC may challenge the finding and any consequent disciplinary action through: an appeal to the employer under Section 18 of the POSH Act; a writ petition before the High Court challenging the fairness of the inquiry process or the reasonableness of the finding; or employment dispute proceedings before the Labour Court or Industrial Tribunal if the employment contract or standing orders provide for such proceedings. The employer’s position in any such challenge depends primarily on the quality and procedural correctness of the ICC’s inquiry record.