PoSH Compliance & Training

Yes, PoSH Policy is mandatory for organisations.

Yes, under Section 4 of the Act, any organization (including startups and private firms) with 10 or more employees must comply.

While the Act specifically protects "aggrieved women" at the workplace, many forward-thinking organizations implement gender-neutral policies.

The "workplace" definition includes any place visited by the employee during the course of employment, including virtual meetings and remote work setups.

As per Section 4, the committee must include:

1. Presiding Officer: A senior-level female employee.
2. Minimum two employees committed to the cause of women or having legal/social work experience.
3. External Member: One person committed to the cause of women, legal expert or a person familiar with issues relating to sexual harassment.

Note: At least 50% of the total members must be women.

Yes, Act clearly mentions about appointment of an External Member being a  legal expert or lawyer.

The External Member ensures neutrality and fairness. They prevent organizational bias, bring legal rigor to investigations, and ensure the inquiry follows the principles of natural justice.

No, the legal mandate requires an Internal Committee at all administrative units or offices of an organization that have 10 or more employees.

PoSH Trainer should conduct awareness programs for employees and capacity-building exercises for IC members at regular intervals. Most compliant organizations conduct these annually or during new employee inductions.

Yes. It is highly recommended that your PoSH Trainer also acts as the External Member of your Internal Committee. As per Section 4, every IC must have one external member familiar with issues relating to sexual harassment. Adv. Gazal Daga currently serves as the External Member for over 60 organizations, providing both training and legal advisory for committee meetings.

A PoSH trainer create awareness about sexual harassment prevention, prohibition, redressal, employee rights, complaint procedure and helps company stay safe and compliant.

Failing to constitute an Internal Committee or file reports can lead to a fine of up to ₹50,000. Repeated violations may result in the cancellation of your business license or registration.

The Internal Committee must prepare an annual report and submit it to the employer and the District Officer. The standard submission deadline is before 31st January for the preceding calendar year.

The report must mention the number of cases filed, their disposal status, the number of pending cases for more than 90 days, and the number of awareness workshops conducted during the year.

Complaints related to sexual harassment or sexual abuse come to IC.

The written complaint should contain a description of each incident(s). It should include relevant dates, timings and locations; name of the respondent(s); and the working relationship between the  parties.

Yes, both men and women can be victims of sexual harassment as per PoSH Policy drafted by Wisely Legal. However, the safeguards/protection under the POSH Act is available only to women.

The PoSH Act is very strict about timelines. An inquiry must be completed within 90 days of receiving the complaint, and the IC must submit its report within 10 days of completing the inquiry.

Yes, SHe-Box (Sexual Harassment electronic Box) is an initiative by the Ministry of Women and Child Development to facilitate the registration of complaints. While it is a portal for complainants, the Supreme Court has emphasized its importance for monitoring compliance across the country.