The Prevention of Sexual Harassment (POSH) Act, 2013 makes it mandatory for all organizations with 10 or more employees to establish preventive measures, redressal mechanisms, and awareness programs against sexual harassment at the workplace. Yet, many businesses in Delhi, Gurugram, and across India struggle with proper implementation.
As a practicing lawyer and experienced POSH trainer, Advocate Malini Jain shares a step-by-step guide to help organizations achieve full compliance with the law.
Step 1: Draft and Implement a POSH Policy
Every organization must create a written POSH policy that clearly defines:
What constitutes sexual harassment.
The roles and responsibilities of employees and management.
The procedure for filing complaints.
The scope of protection for all employees, interns, and visitors.
This policy should be communicated to all employees and displayed prominently at the workplace.
Step 2: Form an Internal Committee (IC)
The POSH Act mandates every organization with 10+ employees to constitute an Internal Committee (IC). The IC should include:
A senior woman employee as the Presiding Officer.
At least two employee members committed to women’s rights or legal knowledge.
One external member, preferably a POSH consultant, NGO representative, or legal expert.
Advocate Malini Jain assists companies in setting up and training IC members to handle complaints effectively.
Step 3: Conduct Awareness and Training Programs
Awareness is the backbone of POSH compliance. Organizations must conduct:
Employee Awareness Sessions: To educate employees about workplace behavior, complaint processes, and rights.
IC Training Programs: To ensure committee members understand investigation procedures, confidentiality, and compliance reporting.
Online POSH training sessions conducted by Advocate Malini Jain make this process accessible for companies across India.
Step 4: Set Up a Complaint Mechanism
Organizations must provide employees with a clear, confidential, and accessible system to raise complaints. This includes:
A dedicated email ID or complaint portal.
Written acknowledgment of complaints.
Assured confidentiality and protection against retaliation.
Step 5: Conduct Fair Investigations
The IC is responsible for conducting impartial inquiries into complaints. This requires:
Following due process as per the POSH Act.
Providing equal opportunity to both complainant and respondent.
Maintaining strict confidentiality.
Submitting findings within 90 days.
Step 6: File Annual POSH Reports
Every IC must prepare an annual report detailing:
Number of cases filed.
Number of cases disposed.
Training sessions conducted.
Preventive measures adopted.
This report must be submitted to the District Officer as per the POSH Act.
Step 7: Maintain Records and Continuous Compliance
Compliance is not a one-time process. Organizations should:
Keep detailed records of policies, training attendance, and investigations.
Conduct refresher POSH training annually.
Review policies regularly to align with workplace needs.
Why Work with Advocate Malini Jain for POSH Compliance?
Legal Expertise: Practicing advocate with strong background in compliance and workplace laws.
Hands-On Guidance: Helps companies draft policies, form ICs, and handle inquiries.
Training Excellence: Conducts engaging employee sessions and IC training programs (both offline and online).
Delhi & Gurugram Focus: Trusted by corporates across NCR for compliance support.
Result-Oriented Approach: Ensures companies are not only legally compliant but also foster a respectful workplace culture.
POSH compliance is not just about avoiding penalties — it is about building a safe, inclusive, and productive workplace. By following this step-by-step guide and working with an expert like Advocate Malini Jain, organizations in Delhi, Gurugram, and beyond can confidently meet their legal obligations while protecting employee rights.