POSH Compliance
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The Protection Of Women From Sexual Harassment (PoSH) Act enacted by ...
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Contents of POSH policy
Policy Statement
Introduction and purpose of the policy i.e. commitment to providing a safe and harassment-free workplace for all employees.
Definition
What constitutes sexual harassment along with examples of inappropriate behavior.
Scope
Specifies the applicability of the policy to all employees, including permanent, temporary, and contract workers.
Responsibilities
Define the roles and responsibilities of various parties involved, including Employer,HR Department, Employees, Internal Complaints Committee (ICC).
Prevention
Steps taken to prevent sexual harassment, such as awareness programs, training, and clear communication of the policy.
Complaint Mechanism
Outline the procedure for reporting incidents of sexual harassment.
Internal Complaints Committee
Define the composition and role of the ICC.
Investigation Process
How complaints will be investigated, including timelines and the steps involved.
Action and Remedies
Range of actions that may be taken like disciplinary actions against the harasser and remedies for the victim, such as counseling, transfer, or any other necessary support.
Confidentiality
The importance of maintaining confidentiality throughout the process to protect the privacy of the parties involved.
Appeals
Explains the process for appealing the decision, if either party is dissatisfied with the outcome.
Training and Awareness
Training programs that will be implemented to educate employees about their rights and responsibilities regarding sexual harassment.
Benefits of being PoSH Compliant
Creating a Safe Work Environment
A well-defined policy helps create a safer and more secure work environment for all employees, particularly women.
Preventing Harassment
The policy acts as a preventive measure by clearly defining what constitutes sexual harassment and establishing a framework to address and prevent such behavior
Promoting Gender Equality
It reinforces the commitment of the organization for gender equality, showing that it takes the well-being and rights of all employees seriously.
Empowering Victims to Report
Encourages victims to come forward and report incidents of harassment, knowing that they will be supported and protected
Ensuring Fair and Timely Investigations
The policy ensures that incidents are handled promptly and impartially
Preventing Retaliation
Protect employees from any form of retaliation for reporting harassment
Maintaining Employee Morale and Productivity
Knowing that the organization takes their well-being seriously can boost the morale and productivity of employees
Demonstrating Corporate Responsibility
Having a strong policy demonstrates the organization's commitment to ethical and responsible business practices
Enhancing Reputation and Employer Branding
A strong commitment to the protection of women from sexual harassment can enhance the organization's reputation and make it an attractive employer for potential candidates
Encouraging Diversity and Inclusion
A safe workplace environment encourages diverse workforce, as it signals that the organization values and respects individuals from all backgrounds
Setting a Standard for Behavior
The policy sets a clear standard of behavior for all employees, reinforcing the expectation that everyone should treat each other with respect and dignity
How to be PoSH Compliant
Draft PoSH Policy
Constitute Internal Complaints Committee (ICC)
PoSH compliance training for employees and ICC members
Annually file PoSH Compliance Report
Deliverables
Consultation with PoSH expert lawyer
Assistance in ICC formation
Conduct PoSH training
Report filing to District Officer and Registrar of Companies
Frequently asked Questions
What is the Protection of Women from Sexual Harassment at Workplace Act?
This Act is a legal framework in India that aims to prevent and address incidents of sexual harassment at workplaces.
Who is covered under the Act?
The Act covers all employees, including permanent, temporary, contract workers, and even associates & consultants visiting the workplace.
What is considered sexual harassment under the Act?
Sexual harassment includes any unwelcome conduct of a sexual nature, including physical, verbal, or non-verbal acts.
Where is PoSH compliance applicable?
Applicable to all types of workplaces – government, private, organized, unorganized, hospitals, sports institutes, stadiums etc.
For unorganized sector- number of workers may be less than ten but for organized sector it should be minimum ten.
What are the obligations of employers under the Act?
Employers are required to implement policies, establish an Internal Complaints Committee (ICC), conduct awareness programs, and ensure a safe and harassment-free work environment.
Who are the members of ICC (Internal Complaints Committee)?
ICC constitutes members as per the provisions of The Sexual Harassment of Women At Workplace (Prevention, Prohibition and Redressal) Act,2013. There should be mandatorily one external member in the ICC.
What is the role of the Internal Complaints Committee (ICC)?
The ICC is responsible for receiving and investigating complaints of sexual harassment and recommending appropriate action.
How do I file a complaint under the Act?
The Act outlines a specific procedure for reporting incidents of sexual harassment, which typically involves approaching a member of the ICC or a designated authority within the organization.
Is there a time limit for filing a complaint?
The Act encourages prompt reporting, but it does not specify a strict time limit for filing a complaint. However, it is advisable to report incidents as soon as possible for an effective investigation.
Is the complaint process confidential?
Yes, the Act mandates that the complaint process should be kept confidential to protect the privacy of the parties involved.
What protections are in place for the complainant?
The Act prohibits any form of retaliation against the complainant for reporting an incident of sexual harassment.
What happens after a complaint is filed?
The ICC conducts an impartial investigation, which may involve interviews with the complainant, the respondent, and any witnesses. Based on their findings, they recommend appropriate action.
What are the possible outcomes of an investigation?
Depending on the severity of the incident, outcomes may range from counselling and warnings to more severe disciplinary actions, including termination.
Can a complainant appeal the decision of the ICC?
Yes, the Act allows for an appeal process if either party is dissatisfied with the outcome of the investigation.
What are the legal consequences for non-compliance with the Act?
Non-compliance can result in penalties, including fines and potential legal action against the organization and its representatives.
How often should awareness programs be conducted?
The Act recommends regular awareness programs to educate employees about their rights and responsibilities regarding sexual harassment.
Can a complaint be filed against a third-party or a client/vendor?
Yes, the Act recognizes that sexual harassment can occur from third parties connected with the workplace, and provides for a complaint mechanism in such cases
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