Your Company Has a POSH Policy. But Are You Actually POSH Compliant?

Your Company Has a POSH Policy. But Are You Actually POSH Compliant?

Having a written POSH policy is only one part of POSH policy compliance and broader POSH compliance in India. Under the POSH Act, 2013, employers must take proactive steps to prevent and address workplace sexual harassment. This includes constituting a properly structured Internal Committee (IC), displaying required information, conducting employee awareness programs and IC orientation, providing facilities for handling complaints, and maintaining appropriate records.

Therefore, a POSH policy alone does not establish POSH compliance for companies. The policy must be supported by effective implementation, complaint handling, training, documentation, and reporting procedures.

Is Your Internal Committee Legally Compliant?

Simply having an Internal Committee does not necessarily mean an organization is compliant. The IC must satisfy the composition and appointment requirements under the POSH Act, 2013. It should be constituted through a written order and include a woman Presiding Officer at a senior level, at least two employee members, and one external member familiar with issues relating to sexual harassment. At least half of the total IC members must be women. Employers should also review the members' tenure, fill vacancies when required, and ensure that the committee is constituted at applicable offices or administrative units.

Do Your Employees Know How to Report Sexual Harassment?

A POSH policy is effective only when employees know where and how to make a complaint. Under Section 9 of the POSH Act, an aggrieved woman may submit a written complaint to the Internal Committee or Local Committee, where applicable. A complaint should generally be made within three months from the incident or the last incident in a series, subject to the statutory extension permitted under the Act.

Employers should clearly communicate the IC members' details, complaint mechanism, and relevant timelines through the POSH policy, employee communications, and awareness programs. Employees should be able to access this information easily when they need it.

When Was Your Last POSH Training Session?

POSH training should not be treated as a one-time induction exercise. Section 19 of the POSH Act requires employers to organize workshops and awareness programs at regular intervals to sensitize employees and orientation programs for IC members.

Effective training should explain what constitutes sexual harassment, how complaints can be made, whom employees should approach, and why confidentiality is important. IC members should also receive appropriate orientation to understand their statutory responsibilities. Regular POSH training and awareness programs are therefore important elements of a practical compliance framework.

Can Your IC Handle a Complaint Properly?

An Internal Committee must be capable of conducting a fair, impartial, and timely inquiry. The IC is required to follow the prescribed procedure, provide both parties an opportunity to be heard, and complete the inquiry within 90 days.

Members should understand their responsibilities relating to evidence, documentation, confidentiality, and interim relief. They should also be familiar with the applicable inquiry procedure before a complaint is received. If IC members have never handled a complaint or have not received adequate orientation, employers should consider reviewing their preparedness and training.

Are You Protecting Confidentiality During POSH Proceedings?

Confidentiality is a critical part of POSH compliance in India. Section 16 restricts the publication or disclosure of the complaint, identities and addresses of the aggrieved woman, respondent and witnesses, details of conciliation and inquiry proceedings, IC recommendations, and action taken by the employer or District Officer.

Employers should establish appropriate controls for storing and sharing POSH records. Information should only be disclosed as permitted by law. Confidentiality breaches may attract consequences under the POSH Act, making secure handling of complaint and inquiry information an essential compliance requirement.

Are You Maintaining Required POSH Records and Reports?

POSH annual compliance includes maintaining appropriate records and completing statutory reporting requirements. Under Section 21, the Internal Committee must prepare an annual report and submit it to the employer and District Officer.

The annual report includes information such as complaints received and disposed of, cases pending for more than 90 days, awareness programs conducted, and action taken by the employer or District Officer. Employers should also properly maintain complaint and inquiry documentation while protecting confidentiality. Regular record reviews can help identify gaps in the organization's POSH framework.

Warning Signs of POSH Non-Compliance:

Common indicators of POSH non-compliance include:

• No properly constituted Internal Committee: The IC has not been established or does not meet statutory composition requirements.
• Outdated POSH policy: The policy has not been reviewed or updated to reflect the organization's current structure and requirements.
• Employees do not know how to complain: Employees are unaware of whom to approach or how to submit a complaint.
• No regular awareness programs: Required employee workshops or awareness initiatives are not conducted at regular intervals.
• Inadequately trained IC members: Members lack appropriate orientation or do not understand their responsibilities.
• Complaints are not handled properly: Complaints are discouraged, ignored, or handled without following the prescribed procedure.
• Incomplete records: Complaint, inquiry, evidence, recommendation, or related documentation is not properly maintained.
• Confidential information is disclosed: Details about complaints, parties, witnesses, or proceedings are improperly shared.
• Annual reporting is missed: Required annual reports are not prepared or submitted.
• Compliance exists only on paper: The organization has a policy but does not consistently implement, train, document, review, and monitor its POSH framework.

A Quick POSH Compliance Checklist for Employers:

Conclusion

Having a POSH policy is only the starting point of POSH compliance in India. Employers must support the policy with a properly constituted Internal Committee, regular employee awareness and IC training, accessible complaint mechanisms, fair inquiry procedures, confidentiality safeguards, proper records, and timely reporting.

A practical POSH compliance framework helps employers meet their obligations under the POSH Act, 2013 while promoting a safer and more accountable workplace. Organizations should therefore assess whether their POSH compliance framework works effectively in practice or merely exists on paper.