POSH Practice

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013 and Rules mandate duties on every employer to provide a safe working environment. It is the duty of an employer to ensure a safe and harassment-free work environment. Every employee, regardless of level—whether a manager or a trainee—deserves respect and should be free from sexual harassment of any type.

Prevention of Sexual Harassment (PoSH) at Workplace Act mandates every organization in India to establish their own policies, prevention measures, procedures, and service regulations concerning sexual harassment. According to recent reports, there has been an increase in the number of registered cases of sexual harassment in workplaces, particularly with more women in the corporate sector coming forward to report such serious incidents. These incidents can have a significant impact on both the employees and the organization as a whole, causing considerable stress.

Under the 2013 law, sexual harassment includes “any one or more” of the following “unwelcome acts or behaviour” committed directly or by implication:

  • Physical contact and advances
  • A demand or request for sexual favours
  • Sexually coloured remarks
  • Showing pornography
  • Any other unwelcome physical, verbal or non-verbal conduct of sexual nature.

The Act stipulates that the harmed party may submit a sexual harassment claim within the company itself and seek recourse through the internal procedure. All companies, public or private, with ten or more employees (permanent, temporary, ad hoc, consultants, interns, or contract workers), regardless of gender, are required by law to adhere to specific rules in order for this to be successful.

As the boundaries of the traditional “workplace” become less defined and organizations increasingly engage with contract workers, it is crucial for them to reevaluate their Prevention of Sexual Harassment (PoSH) policies. This reassessment should aim to ensure that the policies effectively encompass all workplace settings and individuals within their scope, while also establishing strong procedures to prevent and address any untoward incidents that may occur.

We at Khurana & Khurana, are aware of the subtle distinctions that contribute to a welcoming and safe workplace. We offer complete POSH compliance and best practices solutions. We contend that workplace sexual harassment significantly lowers job prospects by generating a hostile work environment. It drastically limits opportunities and harms the harassed person’s mental and/or physical health.

We believe it is crucial to eradicate discriminatory behaviour and restore workers’ faith in the organisation if we want to guarantee equal participation and equal opportunities at work, and  this can only be accomplished with strict adherence to the Sexual Harassment of Women at Workplace Act, 2013 and other related laws.

Our team comprises POSH consultants, workplace diversity experts, and attorneys with more than 20 years of professional expertise. We want to assist businesses in implementing all necessary regulations so that workplaces can be inclusive, varied, and gender-neutral.

We provide assistance in documentation, consultation, and training services to help organizations comply with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

The services we provide are-   

  1. Policy review and Formulation
  2. Training and employee sensitization sessions
    i. Training Session for Internal Complaint Committee (ICC)
    ii. Training Session for Employees
    iii. Awareness Programs for Employees
  3. Legal Assistance/Opinion
  4. Statutory Compliance
  5. External Member Empanelment
  6. Annual compliance and Report Filing
  7. Notice & Posters
  8. Counselling for employees

Practice Contact
Adv. Chhavi Pande
Principal Associate – Litigation