WORKPLACE COMPLIANCE

POSH Act Compliance Services in Gurgaon

The POSH Act is a mandatory workplace compliance for organisations operating in India. Ensuring compliance reflects your commitment to a safe, respectful environment, which can enhance your organisation's reputation and employee trust.

At Vivek Tiwari & Company (Tiwariv), we advise employers on the applicability of the POSH Act, documentation, and ongoing compliance, drawing on extensive practical experience to help you navigate legal requirements confidently.

POSH ACT

What Is the POSH Act and Why Does It Matter?

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, commonly known as the POSH Act, was enacted to ensure a safe and dignified working environment for women. From a compliance perspective, the Act requires employers to prevent harassment, create awareness, and establish a redressal mechanism.

Non-compliance often comes to light only after a complaint, labour inspection, or employee disputeâ€”by then, corrective action can be legally and reputationally costly. Staying compliant helps protect your organisation's integrity and peace of mind.

POSH Act Applicability

POSH Act applicability depends on the nature and size of the organisation. It applies to:

Employee Threshold

Any workplace with 10 or more employees

Organisation Types

Private companies, startups, LLPs, factories, NGOs

Educational & Medical

Educational institutions and hospitals

Work Locations

Work-from-home and client-site locations

Employee Types

Contract, temporary, and trainee employees

Many Gurgaon-based employers assume POSH applies only to large corporates. In practice, even small offices are covered if the employee threshold is met.

Applicable Laws & Compliance Framework

POSH compliance is governed by:

POSH Act, 2013

Sexual Harassment of Women at Workplace Act, 2013

POSH Rules, 2013

Rules issued by the Central Government

Internal Complaints Committee

Constitution of ICC as per legal requirements

POSH Policy

Adoption of a comprehensive POSH policy

Training & Awareness

Regular awareness and training programs

Time-bound Handling

Time-bound handling of complaints

Annual Reporting

Annual reporting to the District Officer

Failure to comply can attract monetary penalties and regulatory scrutiny.

POSH Act Compliance Practical Challenges

In real cases we handle, common issues include:

Incorrect ICC Constitution

Ineligible External Member

No Training Documentation

Delayed Inquiry Timelines

Improper Complaint Handling

Such lapses increase legal exposure during labour inspections or employee disputes.

Our POSH Compliance Process

Assessment

Review your organization's needs and applicability

ICC Constitution

Help form the Internal Complaints Committee

Policy Drafting

Create customized POSH policy

Training

Conduct awareness and training sessions

Ongoing Support

Provide continuous compliance assistance

Documents & Information Required for POSH Compliance

To ensure proper POSH Act compliance, the following are usually required:

Employee Details

Employee strength and organisational structure

ICC Member Details

Details of proposed ICC members and their credentials

Appointment Letters

Appointment letters and consent of ICC members

POSH Policy

POSH policy aligned with the Act and Rules

Training Records

Records of awareness programmes and training sessions

Compliance Reports

Annual report format and compliance tracker

Each document must be legally aligned and internally consistent.

Why Professional POSH Advisory Is Important

POSH compliance is not a one-time registration. Our ongoing guidance ensures your organisation stays updated with evolving POSH regulations, maintains compliance, and handles complaints confidentially and efficiently.

Correct ICC Constitution

Ensure proper ICC setup from the beginning

Legal Compliance

Legally compliant inquiry procedures

Proper Documentation

Maintain proper records for inspections or litigation

Risk Reduction

Reduce risk of reputational and legal damage

Why Choose Vivek Tiwari & Company

Clients approach us for POSH advisory due to:

Sector Experience

Experience in compliance advisory across sectors

Practical Understanding

Clear understanding of practical employer challenges

Structured Documentation

Structured, legally sound documentation

End-to-End Guidance

Complete support, not just policy drafting

Consult for POSH Act Compliance in Gurgaon

If your organisation operates in Gurgaon, Haryana, and you need clarity on the applicability of the POSH Act, the ICC constitution, or compliance documentation, consult Vivek Tiwari & Company. We provide structured, legally accurate guidance, based on real compliance experienceâ€”not generic templates.

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Frequently Asked Questions

What is the POSH Act?

It is a law enacted to prevent and address sexual harassment of women at the workplace.

What is the POSH Act 2013?

It refers to the Sexual Harassment of Women at Workplace Act, which was notified in 2013 and accompanied by detailed rules.

Are men covered under the POSH Act?

The Act protects women employees. However, organisations may extend internal policies to cover all genders.

Who constitutes the Internal Complaints Committee under the POSH Act?

The employer must constitute the ICC, including a Presiding Officer, employee members, and an external member.

Why is the POSH Act only for women?

The law was enacted to address documented workplace safety concerns faced by women, in accordance with constitutional mandates.