SC&A Legal provides POSH Consultant in India services to employers, management teams and Internal Committees dealing with workplace sexual harassment compliance under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. The scope includes POSH policy review, Internal Committee constitution, compliance assessment, complaint process support, Internal Committee guidance, employee awareness, documentation review and annual reporting requirements.
The POSH framework places specific responsibilities on employers and Internal Committees. The statutory framework covers constitution of the Internal Committee, complaint handling, inquiry, employer duties, annual reporting and related compliance obligations. The legal support required by an organisation therefore extends beyond preparing a policy. It involves ensuring the workplace process, committee structure and supporting records work together.
Our POSH consulting services cover the legal and compliance requirements applicable to workplaces under the POSH Act. The review can include the organisation’s existing policy, Internal Committee structure, complaint mechanism, employee communication, training records and reporting practices. A Posh law firm can assist organisations in reviewing these elements from a legal perspective and identifying areas where the documented process may not correspond with the statutory framework.
A POSH policy should correspond with the organisation’s actual workplace structure and complaint handling process. Our lawyers review existing policies for consistency with the applicable statutory requirements and internal procedures. The review can cover provisions concerning complaints, inquiry, confidentiality, Internal Committee functions, employee responsibilities and employer duties. The Act separately addresses confidentiality concerning complaints and inquiry proceedings. Section 16 restricts publication or making known the contents of complaints and inquiry proceedings.
The Internal Committee has an important role in the POSH framework. Section 4 of the Act deals with its constitution and composition. The statutory framework also addresses the tenure and removal of committee members. A Posh lawyer can assist the organisation and committee members with questions concerning the constitution, functioning and documentation of the Internal Committee.
We assist organisations in reviewing whether their Internal Committee has been constituted in accordance with the applicable requirements. The review can cover the Presiding Officer, employee members, external member, appointment documentation and the requirements applicable to workplaces operating through multiple offices or administrative units.
The Act provides for an Internal Committee at offices or administrative units where the workplace is located at different places, subject to the statutory framework.
The external member has a defined role within the Internal Committee structure. Our POSH advisory work can include reviewing the appointment framework and documentation relating to the external member, including the organisation’s engagement and committee records.
POSH matters can require legal assistance at different stages of the complaint process. Our lawyers assist employers and Internal Committees with procedural questions concerning receipt of complaints, notices, inquiry documentation, hearing processes, evidence, submissions and preparation of the inquiry report. The Act contains separate provisions dealing with complaints, conciliation, inquiry, interim measures, inquiry reports and appeals.
A POSH independent consultant may also be engaged where an organisation requires external legal input on a particular compliance or committee matter. The appropriate scope depends on the circumstances of the workplace and the nature of the issue being reviewed.
Internal Committee members may require legal guidance when dealing with procedural questions during an inquiry. Our legal support can cover the structure of notices, procedural records, documents, evidence, submissions and inquiry reports. The objective is to help the committee follow the applicable statutory process while maintaining appropriate confidentiality.
Proper documentation is an important part of workplace compliance. Relevant records may include committee appointment documents, notices, policies, complaint records, inquiry documents, training records and annual reports. Our review focuses on whether the organisation’s documentation reflects its actual POSH process and statutory responsibilities.
Employee awareness is an important part of the POSH framework. The employer’s duties under the Act include organising workshops and awareness programmes for employees and providing appropriate orientation to Internal Committee members. Our POSH Training services can cover employee awareness programmes, management sessions and Internal Committee orientation. The content can be adapted for different workforce structures and workplace settings.
Training can also be reviewed alongside the organisation’s wider POSH compliance framework. This helps ensure the training records correspond with the information maintained by the organisation.
Employee sessions can address workplace conduct, reporting mechanisms, the role of the Internal Committee and the organisation’s POSH policy. The emphasis can vary depending on whether the session is intended for employees, managers, HR teams or Internal Committee members.
Internal Committee members may require a different level of training from employees. The focus can include complaint handling, inquiry procedure, documentation, confidentiality and the committee’s statutory responsibilities. The POSH Rules also refer to capacity building and skill building programmes for Internal Committee members.
POSH compliance does not end with the constitution of an Internal Committee or adoption of a policy. Section 21 requires the Internal Committee or Local Committee to prepare an annual report and submit it to the employer and District Officer. Section 22 deals separately with information to be included by the employer in its annual report. Our POSH advisory services can include review of the information required for annual reporting, supporting documentation and the organisation’s compliance records. Where required, the POSH annual audit and filing process can be reviewed alongside the organisation’s wider POSH framework.
The POSH Rules specify information to be included in the annual report. This includes the number of complaints received, complaints disposed of, cases pending for more than ninety days, workshops or awareness programmes conducted and the nature of action taken. Our lawyers can assist with reviewing the relevant information before the annual report is finalised. The review may involve comparing complaint records, committee records, awareness programme details and other supporting documents. It can also identify gaps in the organisation’s records before the reporting exercise is completed.
A POSH compliance review can be useful where an organisation wants to assess its existing framework.
The review may consider:
The precise scope depends on the organisation’s workforce structure, locations and existing POSH framework.
SC&A Legal advises companies, startups, MSMEs, multinational businesses, technology companies, financial institutions, manufacturing organisations, healthcare businesses, educational institutions, professional services firms, non-profit organisations and other employers operating in India. The service can also be structured for organisations with multiple offices or business units. Where different Internal Committees operate across locations, the review can consider the relevant arrangements separately. Management teams, HR departments, compliance professionals, legal teams and Internal Committee members may require different forms of POSH support. The scope of advice can therefore be aligned with the role of the person seeking assistance.
Growing businesses often need to establish their POSH framework alongside other employment and corporate compliance systems. Our lawyers can assist with Internal Committee constitution, policy documentation, employee awareness and ongoing compliance review.
Large organisations may have several offices, departments and workforce categories. POSH consulting can involve reviewing the central policy alongside the processes followed by individual offices or Internal Committees.
International businesses operating in India may have global workplace policies alongside Indian POSH requirements. Our advice focuses on the Indian legal framework while considering the organisation’s wider internal compliance structure.
Technology companies may operate through hybrid or remote working arrangements. POSH policies and awareness programmes can be reviewed in light of the organisation’s actual workplace arrangements and reporting channels.
Manufacturing businesses may have employees working across factories, plants, offices and shifts.
POSH consulting can consider the structure of the workplace, Internal Committee arrangements and employee awareness across relevant locations.
Consulting firms, law firms, accounting firms, financial businesses and other professional organisations may require POSH support covering employees, management teams and Internal Committee members.
Our approach begins with understanding the organisation’s existing POSH framework.
The resulting advice is therefore structured around the organisation’s circumstances, the relevant statutory provisions and the records available for review.
SC&A Legal approaches POSH consulting as a legal compliance function rather than treating individual POSH activities in isolation. Policy review, Internal Committee support, employee awareness, complaint process guidance and annual reporting can be considered as connected parts of the workplace framework. The firm’s legal practice also allows POSH matters to be considered alongside employment, corporate and dispute related legal issues where relevant. The practice serves organisations connected with Delhi and Kolkata and businesses operating across India. The scope of each engagement can be structured according to the organisation’s workforce, locations, Internal Committee arrangements and specific compliance requirements.