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Employment & Labour Laws

Sexual Harassment at Workplace – POSH

POSH compliance and inquiries — policy, Internal Committee set-up with an external member, training, complaint handling and annual reports.

Sexual Harassment at Workplace – POSH
Estimate Cost
₹15,000 – ₹1,00,000
Typical duration
7 days

Service overview

  • The Prevention of Sexual Harassment (POSH) at Workplace Act mandates strict compliance frameworks for every organization with 10 or more employees
  • Non-compliance leads to heavy monetary fines, cancellation of business licenses, and severe reputational risk
  • The specialized POSH legal practice provides complete statutory setup, certified External Member representation, objective conciliation, and legally sound inquiry handling to protect all parties and maintain workplace safety

Who needs it? / When is it needed?

  • Establishments with 10+ Employees: Needing mandatory Internal Committee (IC) constitution, policy drafting, and annual report filings.
  • Internal Committees (IC): Requiring an experienced, neutral Legal External Member to oversee inquiries and ensure natural justice.
  • Complainants or Respondents: Requiring legal advice on POSH procedures, inquiry rights, and appellate remedies.

What to expect from the WCP Professionals

  • EDiagnose Incident & Jurisdiction: WCP professionals analyze the complaint details, timelines, digital evidence (chats, emails, call logs), and workplace policy coverage to establish correct jurisdiction and procedure under the POSH Act.
  • Audit Inquiry Process & Natural Justice: WCP professionals evaluate the complaint and response documents for procedural defects, bias, or violations of natural justice principles, ensuring every step complies with statutory mandates.
  • Execute IC Guidance & Representation Support:
  • For Employees/Respondents: WCP professionals prepare your formal written statements, cross-examination strategies, and witness lists, guiding you through every stage of the IC inquiry.
  • For Employers: The advocate acts as an independent External IC Member or Legal Advisor, conducting unbiased inquiries and drafting robust investigation reports that withstand judicial scrutiny.
  • Secure Interim Relief Orders: WCP professionals immediately file for interim protections—such as party transfers, grant of leave, or restraining orders—preventing workplace retaliation, intimidation, or hostile environments during proceedings.
  • Draft Formal Report & Recommendations: WCP professionals review or draft the final IC Inquiry Report, ensuring clear findings, properly quantified compensation recommendations, and actionable disciplinary directions
  • Appellate Challenge & Final Execution: If the IC report is biased, procedurally flawed, or ignored, the advocates file an immediate appeal under Section 18 before the Industrial Tribunal or High Court to set aside bad orders or enforce penalties.

Key deliverables

  • Customized POSH Policy Document and Code of Conduct Guidelines.
  • Formal IC Constitution Order and Legal Orientation Module.
  • Deputation of Certified External Member for IC proceedings.
  • Inquiry Procedure Templates, Summons Drafts, and Formal Report Documents.
  • Annual POSH Statutory Report Drafted for Submission to Local Authorities.

Standard turnaround time

  • Policy Drafting & IC Constitution: 3 to 5 working days.
  • Inquiry Completion (Statutory): Max 90 days from complaint receipt (as mandated by law).
  • Annual Report Preparation: 2 to 3 working days

Government fees, timelines & key outcomes

No government fee for setting up an Internal Committee or filing the annual report.

Key statutory timelines:

  • complaint within three months of the incident (extendable by three months); inquiry completed within 90 days; employer to act on the report within 60 days
  • Failure to constitute an Internal Committee or comply with the Act can attract a fine of up to ₹50,000, doubled on repetition

Key outcomes: statutory compliance, a fair inquiry process and a safer workplace.

Forms & filings involved

  • Form of Complaint under POSH Rules.
  • IC Summons for Witness & Document Production.
  • Annual POSH Compliance Return filed with the District Officer
  • Local Complaints Committee.

Documents required

  • Organization Details, Headcount Metrics, and Office Locations.
  • Written POSH Complaint
  • Response Statement (if active dispute).
  • List of Witnesses and Supporting Documentary/Digital Evidence.

What we need from you

  • Commitment to zero-tolerance workplace policies and procedural neutrality.
  • Direct access to IC members and corporate management for training and inquiry logistics.
  • Timely implementation of IC recommendations and protective measures.

Important conditions

  • All POSH proceedings are governed by strict legal confidentiality guidelines; unauthorized leaks carry statutory penalties.
  • The External Member provides procedural and legal guidance but acts independently of management control to ensure justice.

Additional information

The Act provides for complaint, conciliation, inquiry, interim measures, report and appeal mechanisms.

The estimated cost covers indicative professional fees only. Government fees, stamp duty and taxes are payable at actuals.

How it works

  1. 1. Raise a service enquiry describing your requirement.
  2. 2. A Relationship Manager reviews it and opens it for bidding.
  3. 3. Pay into escrow and assign the professional you select.
  4. 4. Track progress to completion, then accept and release payment.

Frequently asked questions

Which employers must comply with POSH?

Every employer with 10 or more employees must constitute an Internal Committee under the Sexual Harassment of Women at Workplace Act, 2013.

Who must be on the Internal Committee?

A senior woman employee as presiding officer, at least two employees, and one external member from an NGO or with relevant expertise; at least half must be women.

How long does a POSH inquiry take?

The inquiry must be completed within 90 days, and the employer must act on the report within 60 days.

What is the penalty for non-compliance?

A fine of up to ₹50,000, with higher penalties and possible cancellation of licences for repeat violations.

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