Prevention of Sexual Harassment (POSH) Policy

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 came into effect to prevent cases of sexual harassment with employees at their workplace or during the course of their employment. The POSH Act, 2013 was enacted following the Supreme Court's guidelines in the case of Vishakha v. State of Rajasthan, whereby the court held that the sexual harassment at workplace violates the constitutional rights of women employees and made it compulsory for every employer to lay down a mechanism to deal with any grievance relating to sexual harassment at workplace.

Under the Prevention of Sexual Harassment at Workplace Act, every employer needs to put in place a Prevention of Sexual Harassment (POSH) Policy, laying down the complaint mechanism, establishment of the Internal Complaints Committee, process of complaint redressal, enquiry process, etc. It is mandatory for every employer of an establishment with more than 10 employees to lay down a well-drafted anti-sexual harassment policy to provide a safe working environment and efficiently redress any sexual harassment at workplace complaint filed by an employee. 

Draft Prevention of Sexual Harassment (POSH) Policy Online
At INR 14999

What You'll Get In The Package

Inclusion

  • Telephonic conversation with the lawyer for 30 minutes.
  • Drafting of the Prevention of Sexual Harassment (POSH) Policy.
  • 2 iterations to the POSH policy.

Exclusion

  • Additional documentation work for the startup.
  • Other legal assistance or litigation work.
  • Legal assistance may be provided with additional charges.

Documents required to draft POSH Policy

  1. Details about the company.
  2. Details relevant for drafting of Prevention of Sexual Harassment Policy.
  3. Details regarding the ICC of the company.

Procedure to draft POSH Policy

Once the requisite documents and information are submitted, the lawyer proceeds to draft the anti-sexual harassment policy in accordance with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. The draft of POSH policy is shared for approval and after making the suggested changes, if any, the policy can be implemented at the workplace.

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FAQs

What is POSH Act?
Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 is the primary act that protects women from any form of sexual harassment at their workplace and lays down the duty of every employer to maintain a safe working environment and speedy redressal of sexual harassment complaints filed by the women employees.
Is compliance with the POSH Act compulsory?
Yes, every employer that employs more than 10 employees in the organised sector and every employer that employs less than 10 employees in the unorganised sector must comply with the POSH Act mandatorily.
What is the meaning of Sexual Harassment under the Act?
Under Section 2 of the Act, sexual harassment means: 1. Unwanted physical contact and advances. 2. Demand or request for sexual favours. 3. Making sexually-coloured remarks. 4. Showing pornography. 5. Any other unwelcome physical, verbal or non-verbal conduct of sexual nature.
What is the Internal Complaints Committee (ICC)?
The Internal Complaints Committee (ICC) is the body established under the POSH policy which addresses the sexual harassment complaints filed by the women employees, conducts an investigation into the matter and submits its report to the employer.
How is a sexual harassment complaint filed?
A sexual harassment complaint can be filed by a woman employee within 3 months of the incident. This time period may be extended to another 3 months if required. Also, when the employee is unable to file a complaint herself, her legal representatives can also file a complaint with the ICC.
Is there any penalty for not having a POSH policy?
Non-compliance with the POSH Act, or not having a POSH policy in place can lead to a penalty of Rs. 50,000 or even result in cancellation of the business license.
What are the duties of employer under POSH Act?
An employer has several duties under the Prevention of Sexual Harassment Act, including the following: 1. To provide a safe working environment at workplace. 2. To organise workshops and awareness programmes for sensitising the employees. 3. To provide necessary facilities to the Internal Committee for dealing with the complaint and conducting an inquiry. 4. Treat sexual harassment as a misconduct under the service rules and initiate action for such misconduct. 5. To declare the names and contact details of all the Members of the Internal Committee.
Why do I need a lawyer to draft my POSH policy?
An employment and labour lawyer understands the provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and can draft an all-inclusive POSH policy for the organisation. The lawyer will draft a policy as per the needs of the organisation and include all key details in the policy.