Advocate Aayush AgarwalCorporate and workplace legal services
POSH Act Compliance Lawyer and Workplace Advisory in India
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 creates preventive, governance and complaint-handling duties for covered workplaces. A sound programme is not a one-time policy download. It requires a correctly constituted Internal Committee where applicable, trained members, a confidential reporting route, time-aware procedure, documented recommendations, employer implementation, awareness measures and statutory reporting. The legal route depends on establishment size, location, workforce structure and the complaint facts.
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Internal Committee and policy review
A review can examine the constitution order, presiding officer and external-member eligibility, tenure, contact details, policy language, workplace coverage, remote-work arrangements, complaint intake, conflict handling, confidentiality, interim measures, inquiry notices, evidence management, report format and implementation records. Templates should be adapted to the organisation rather than treated as automatic compliance. Committee members need role-based training that separates neutral fact-finding from advocacy or management discipline.
Complaint procedure and fairness
A workplace complaint must be handled with dignity, confidentiality and procedural fairness. The respondent must receive a fair opportunity to answer the material relied upon, while the complainant must have a safe process without retaliation. Limitation, conciliation restrictions, interim recommendations, evidence, witness handling and report timelines require case-specific attention. The Internal Committee is not a criminal court, and a parallel police or employment process may have different standards and consequences.
Training and prevention
Employer awareness should explain prohibited conduct, reporting options, bystander responsibilities, manager escalation, retaliation safeguards and support channels in language employees understand. Senior leadership, human resources, managers and committee members require different modules. Attendance, materials, questions and follow-up actions should be documented without disclosing complaint information.
When to request advice
Seek advice before constituting or renewing a committee, updating a policy, opening an inquiry, dealing with cross-location or remote-work allegations, responding to retaliation concerns, or implementing recommendations. Advocate Aayush Agarwal provides India-law consultation subject to conflict, suitability and written engagement checks. Read the detailed employer POSH guide.
Frequently asked questions
What should be prepared for the first consultation?
Prepare a concise chronology, the relevant policies or agreements, notices or complaints, key dates and the specific decision or document requiring review.
Is the initial consultation free?
A free initial consultation may be requested subject to appointment availability, conflict checks and suitability. Drafting, training and representation require a separate written scope.
Does consultation guarantee compliance or an outcome?
No. Compliance depends on accurate facts, implementation and applicable law. No legal or commercial outcome is guaranteed.
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