Anti Sexual Harassment (PoSH) Law

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Introduction

We specialize in creating awareness on protection against Sexual Harassment at workplace ( POSH ) with clients spread across India. We provide end-to-end POSH compliance services which include retainer-ship services, External member support to ICC and various types of trainings and capacity building programs. We empower our clients with a nuanced understanding of the subject so as to enable them to take fair, unbiased and mature decisions on sensitive and complex issues relating to human interactions and relationships.

We have been providing these services since 2013 as per The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and as per Vishakha Guidelines prior to that.

We have conducted over 100 inquiries and conducted trainings for more than 10000 pax approximately

Adv Vaishali Bhagwat is a master trainer in POSH

Advisory

Drafting and vetting of Policies
  • POSH Policy
  • POSH Work From Home Policy
  • Social media policy
  • Other related polices
  • HR documents
  • Annual reports
Compliance with POSH Law
  • constituting/reconstituting Internal complaints committee
  • Setting up of an agenda for quarterly ICC meetings
  • Conducting the ICC quarterly meetings
  • Preparing inquiry flow
  • Legal advice during inquiry
  • Inquiry Documentation
  • Support ICC functions
  • Updates on latest amendments and case laws
  • Updates on latest notifications and compliances
External Member for POSH
  • Preparing templates for communications required during inquiry (standard forms, templates , communications , agreements , undertakings)
  • Active participation in ICC Quarterly meetings
  • Conducting Inquiry with other IC members
  • Preparation of charge-sheet
  • Assistance in drafting final recommendations

Till date we have conducted over 100 POSH inquiries as an external member

Litigation

We have represented the management or employees before the Appellate Authority under POSH Act viz. Univeristy Tribunals and Industrial Courts

We as POSH trainers have trained more than 10000 people and still counting. We have also conducted several training programs for chambers of commerce for its members such as

  • MCCIA
  • CII
  • Goa Chamber of Commerce
Training services include –
ICC Capacity building workshop

Designed keeping in mind the role and responsibilities of IC members. This training briefly includes –

  • Discussing Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 in detail
  • Understanding and discussing definitions of sexual harassment, workplace along with real case studies
  • Walkthrough – Inquiry procedure, Role play and case studies
  • Process of conciliation
  • Handling tricky situations and complex cases
  • Building sensitivity and neutral approach in decision making
  • Understanding evidences and how to examine witnesses
  • Discussion on malicious complaints
  • Discussion on principles of natural justice
  • How to frame a charge
  • How to pass interim orders
  • How to draft final inquiry report

This workshop helps to equip the ICC members with the right knowledge on the subject to prevent sexual harassment and also develop in them professional competence for implementation of the statute i.e. the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

This program will prepare HR and ICC to handle queries like: How should you handle anonymous complaints? What is the offender is not your employee? What do you do when there is no evidence for a complaint? Can you penalize a witness for not co-operating or not attending inquiry? How does the government track compliance? etc and build their capacity in order to execute their roles in the most responsible manner.

It also enables them to know the preventive measures, complaints handling process, ICC powers and redressal mechanism. All HR Heads, ICC Members, Fact Finders, HR, Legal Team, etc. should attend this program.

Training for Senior Management, HR Department, First Responders
  • What to do when a complaint reaches out to you?
  • Do’s and Don’ts while registering complaint
  • Understanding the Law in detail and nuances in it
  • Dealing with difficult situations like workplace harassment, ethical violations, defamation cases etc.
  • Discussion on malicious complaints
  • Discussion on principles of natural justice
  • Awareness regarding other laws relating to discrimination, harassment and sexual harassment
  • Employers duty towards safe workplaces

The effective implementation of the POSH law and policy is highly dependent on how the manager or the team leader reacts to a compliant or an issue that is raised his/ her team member and hence this training is crucial and necessary.

POSH Training to employees
  • Understanding Sexual harassment, workplace, who can file a complaint and how
  • ICC, its role and functions
  • Redressal mechanism in detail
  • Building gender sensitivity through discussions
  • Discussion on various case laws, examples

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Frequently Asked Questions

A company needs a POSH lawyer (or legal consultant) to help it comply with the POSH law, draft policy, conduct quarterly meetings and ensure that the Company is taking all the steps to maintain a safe working environment. A POSH lawyer also acts as an external member on the Internal Committee which is mandatory to ensure unbiased proceedings. A POSH lawyer will help the committee conduct the inquiry, draft recommendations and also conduct all the required training on POSH awareness

The POSH Act (2013) is India’s law to prevent and prohibit sexual harassment of women at any workplace and also establishes an internal mechanism to address cases of sexual harassment. You need POSH lawyers because they act as the mandatory External Member in Internal committees ensuring the investigation is legally sound and follows the "Principles of Natural Justice." They help you draft policies and conduct training to help build a safe working environment and avoid fines or the loss of your business license.

The Act specifically protects an "aggrieved woman" (including employees, interns, or even visitors), but the accused person can be of any gender. While the legal framework is female-centric, most companies in cities like Pune use their POSH lawyers to create gender-neutral policies. This allows the same internal committee to handle complaints from men or non-binary individuals, providing a safe environment for everyone.

Under Section 4 of the Act, if your company has 10 or more employees, it is legally mandatory to appoint an "External Member" to your Internal Committee (IC). While the law allows this person to be from an NGO or social work background, most companies hire a POSH lawyer because the committee holds the powers of a Civil Court and the inquiry is required to be done in a professional manner. A lawyer is essential to ensure that the inquiry follows strict legal procedures, effectively handles the summoning of witnesses, and produces a final report that can withstand a challenge in the High Court or Supreme Court. The POSH lawyer also helps you draft policies and conduct training to help build a safe working environment and avoid fines or the loss of your business license.

In cases without witnesses or CCTV ("he-said, she-said"), POSH lawyers use the legal principle of "Preponderance of Probability" rather than "proof beyond doubt." They look for circumstantial evidence, such as changes in the victim’s behavior, consistency in statements, and past patterns of the accused. By asking structured questions and evaluating the credibility of both parties, they help the committee reach a fair conclusion based on what is most likely to have happened.