Recently, I attended a POSH Compliance Masterclass led by Adv. Ekant Agarwal, organized by TiE Chandigarh at ISB Mohali. This session wasn’t just another legal discussion — it was an insightful breakdown of workplace safety laws, their evolution, and the responsibilities organizations must uphold.
Understanding the POSH Act: Why It Exists
Workplace safety isn’t just a policy requirement—it’s a legal and ethical necessity. The POSH Act, 2013, is built on constitutional principles ensuring equality, dignity, and a harassment-free work environment. But how did we get here?
The Act itself was shaped by landmark cases, particularly the Banwari Devi case, which sparked national outrage and led to the Vishakha Guidelines (1997)—the precursor to today’s POSH Act.
These guidelines set the framework for defining workplace harassment and establishing employer responsibilities, which were later formalized into law in 2013.
Who Does the POSH Act Protect?
A key takeaway from the session was the emphasis on who the POSH Act applies to:
- The Act is exclusively for women, whether they are full-time employees, interns, consultants, or domestic workers.
- It covers all workplaces, including offices, remote work setups, co-working spaces, and even homes where domestic help is employed.
Ekant used a memorable way to define who qualifies under this Act:
👉 “A man with a womb = WOMAN (W-O-M).”
While other workplace harassment policies may apply to all genders, POSH is specifically designed to protect women from sexual harassment.
Internal Committee (IC) & Local Complaint Committee (LCC)
Who Handles Workplace Harassment Cases?
Employers must ensure they have the right mechanisms in place to handle complaints. This includes:
Internal Committee (IC) – For Organizations with 10+ Employees
Every company with 10 or more employees must have an Internal Committee (IC) with:
- A female Presiding Officer (a senior woman employee).
- Two additional members from within the company.
- An external member (NGO representative, legal expert, or an advocate).
- A tenure of 3 years for all members.
- A formal board resolution approving the IC’s formation.
Local Complaint Committee (LCC) – For Unorganized Workplaces
For individuals working in unorganized sectors, such as domestic workers, complaints can be filed with the Local Complaint Committee (LCC) under the District Collector (DC).
The IC and LCC ensure that harassment cases are handled fairly, promptly, and without bias.
Understanding Harassment & Complaint Process
What Qualifies as Harassment Under POSH?
Sexual harassment isn’t just physical misconduct. It also includes:
🚫 Unwelcome advances or inappropriate remarks.
🚫 Promises of promotion or rewards in exchange for favors.
🚫 Threats or intimidation after rejection.
🚫 Creating a hostile or unsafe work environment.
Complaint Filing & Investigation Process
- Filing a Complaint
- Complaints must be handwritten and submitted within 3 months of the incident.
- This deadline can be extended by another 3 months in special cases.
- Investigation Timeline
- The IC must initiate an inquiry within 7 days of receiving a complaint.
- The accused must submit a response within 10 days.
- The entire investigation must be concluded within 3 months.
- Employers must implement the IC’s final decision within 10 days.
- Interim Relief
- If necessary, temporary changes can be made, such as transferring the complainant to a different department or location.
- If leave is granted, it must be paid leave to prevent financial hardship.
False Complaints & Confidentiality
The Act has provisions to ensure fairness:
- False complaints can lead to penalties, preventing misuse of the law. This also includes the complainant getting the same penalties that otherwise would have been imposed on the defendant if he was found guilty.
- Strict confidentiality must be maintained—employers receive only the final verdict, not case details.
Maintaining anonymity and discretion during the inquiry process is crucial to protect both parties and ensure a fair resolution.
Employer Responsibilities & Legal Compliance
What Every Employer Must Do
- Display POSH policies prominently in the office.
- Ensure the IC’s contact details are easily accessible to employees.
- Conduct regular awareness workshops (ideally every quarter).
- Provide employees with a safe and confidential complaint mechanism.
- File an annual POSH compliance report—even if no complaints were received.
Bhartiya Nyay Sanhita (BNS) & POSH Compliance
With the Bhartiya Nyay Sanhita (BNS) replacing the Indian Penal Code (IPC) after July 2024, companies need to update their policies to reflect the new legal framework.
Ekant emphasized that if someone still refers to IPC for POSH cases, it’s a sign of outdated knowledge.
Taking Action: Ensuring a POSH-Compliant Workplace
To stay compliant and build a safe work culture, companies should:
✅ Review & update their POSH policies as per the latest laws.
✅ Ensure their IC is well-trained and structured correctly.
✅ Create a clear, confidential complaint-handling process.
✅ Conduct awareness sessions for employees, ensuring they understand their rights.
✅ Maintain proper documentation of POSH compliance activities.
Final Thoughts: More Than Just Compliance
At its core, POSH compliance isn’t just about legal obligations—it’s about fostering a culture of respect, dignity, and safety. Organizations that proactively invest in workplace safety and awareness don’t just protect themselves legally—they build environments where employees feel secure, valued, and empowered.
As a leader, I firmly believe that a safe workplace is a productive workplace, and this masterclass reinforced the importance of structured policies, proactive training, and a well-defined redressal mechanism.
With this in mind, I will be working towards making 42Works a fully POSH-compliant organization—one where every team member feels respected, heard, and protected.
If your company hasn’t reviewed its POSH policies recently, now is the time to act. Because compliance isn’t just a rule—it’s a responsibility.