Consult Best POSH Lawyer/Advocate

Prevention of Sexual Harassment at Workplace (POSH) is emerging as one of the crucial compliances that every organization has to have and also ensure that all employees do understand what it is and abide by it. Our expert POSH lawyers not only help you with the POSH complaint but also guide you through the maze of POSH and POSH Committee. Our team of cyber experts headed by Adv. Abhimanyu Shandilya who has vast experience POSH matters and is also a member of Internal Complaints Committee (ICC) for some organizations.

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POSH Legal Services

POSH Policy Drafting & Implementation

Drafting POSH policy in line with the Sexual Harassment of Women at Workplace Act, 2013
Review and updating of existing POSH policies
Customisation of POSH policy for organisational needs
Guidance on internal dissemination and implementation
Advisory on statutory obligations under POSH law

Internal Committee (IC) Constitution & Advisory

Assistance in constituting the Internal Committee
Appointment and role clarification of IC members
Advisory on inclusion of external member
Drafting IC appointment and notification letters
Compliance check for IC structure

POSH Compliance & Statutory Filings

Annual POSH compliance advisory
Preparation and review of annual POSH reports
Guidance on employer disclosures and records
Maintenance of statutory documentation
Compliance audit for POSH requirements

POSH Complaint Handling & Inquiry Support

Advisory on receipt of complaints
Assistance in conducting POSH inquiries
Drafting notices, replies, and inquiry reports
Ensuring due process and natural justice
Support in conciliation and resolution

POSH Training & Awareness Programs

Legal awareness sessions for employees
Orientation programs for Internal Committee members
Employer training on legal obligations
Drafting training material and handbooks
Workplace sensitisation initiatives

POSH Investigation & Evidence Management

Guidance on investigation procedures
Advisory on evidence collection and documentation
Witness examination support
Confidentiality and data protection guidance
Risk assessment during inquiries

POSH Litigation & Regulatory Representation

Representation before Labour Authorities
High Court and other judicial forums
Handling employer liability matters
Challenging or defending inquiry findings
Advisory on penalties and consequences

POSH Advisory for Startups & MSMEs

End-to-end POSH compliance setup
Policy and IC formation support
Legal guidance for first-time compliance
Ongoing advisory services
Risk mitigation planning

Cross-Border & Remote Workplace POSH Advisory

POSH compliance for remote workplaces
Advisory for multinational workforce
Jurisdiction and applicability guidance
Hybrid workplace compliance support
Offsite and virtual misconduct advisory

How We Work

Appointment

Fix up an appointment with the advocate for a detailed discussion on your matter.

Strategic Planning

Advocate strategizes and plans the required legal action for your matter. Get expert legal guidance.

Execution

Advocate executes the legal action required on your matter along with association of expert pool of lawyers.

Dedicated Case Manager Support Available From 10 am to 7 pm

Dedicated Case Manager Support Available
From 10 am to 7 pm

We handle Pan India POSH matters and provide support in every city of India

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Phone Consultation

Quick legal guidance over a secure phone call.

Video Consultation

Face-to-face legal consultation from anywhere.

Email Consultation

Send documents and get written legal advice.

In-Person Meeting

Detailed consultation at our office.

Our Experts

Advocate Abhimanyu Shandilya

Advocate Anupam Shandilya

Advocate S. K. Dutta

Advocate Adrian Phillips

Advocate Prabhakara S K Shetty

Advocate Surbhi Sharma

Advocate Meenakshi P.

Advocate Mayur D. Khunti

Advocate Abhradip Jha

Advocate Rhea Luthra

Advocate Prithvi Raj Sikka

Sexual harassment at the workplace is a terrifying experience. The NCRB (National Crime Records Bureau) reports that there were 400 sexual harassment related cases reported between 2018 and 2022. What’s more, women feel hesitant to come out and report such incidents out of discomfort.

An incident of sexual harassment or workplace abuse can occur in the form of suggestive comments, constant requests for sexual favours, or inappropriate gestures.

The POSH Act in India exists to prevent incidents of sexual harassment in the workplace. Additionally, this Act helps victims find justice if they experience any incidents of sexual harassment in the workplace.

What Does a Posh Lawyer Do?

A POSH lawyer helps employees facing sexual harassment file complaints and seek a solution. Additionally, they guide employers on how to form Internal Complaints Committees (ICC) and ensure compliance with the Prevention, Prohibition, and Redressal Act, 2013.

It’s critical for employers to take note of the importance of POSH compliance. It’s more than ensuring legal compliance. Making an organisation POSH compliant is a step toward building a gender-equal and respectful work culture.

Understanding the POSH Act 2013

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, is commonly known as the POSH Act. It came into existence as the landmark Vishaka Guidelines issued by the Supreme Court in 1997. It mandates protection for women from sexual harassment in workplaces that employ 10 or more employees. The Act is applicable to remote and virtual work setups as well.

Key Elements of the POSH Act:

The following are the key elements of the POSH Act:

First, it defines sexual harassment broadly. The Act descriptively includes different types of (verbal, non-verbal, physical contact, request of sexual favours) unwelcome physical behaviours translated as sexual harassment.
POSH applies to all sectors—corporate, NGOs, government, and educational institutes.
Institutions adopting POSH are required to form an Internal Complaints Committee for redressal.
It enforces workplace prevention, prohibition, and women in the workplace prevention mechanisms.

Why It Matters:

A recent Forbes India article cites the rise of sexual harassment related cases in India by 79% compared to the last five years. In 2024 alone, 2777 cases were filed. It’s important for organisations to maintain POSH compliance. Additionally, non-compliance can lead to legal penalties, financial risks, and reputational damage to an institution.

Role of a POSH Lawyer: How Vidhikarya Supports You

Whether you’re a victim seeking justice or an employer aiming for compliance, POSH lawyers play a critical role in assisting with finding a solution.

For Victims:

Guidance on filing complaints with ICC or LCC.
Support for maintaining anonymity and navigating the 3-month complaint window.
Legal representation during inquiries and appeals.

For Employers:

Assistance with ICC formation and policy drafting.
Conducting POSH training and awareness programs.
Acting as external ICC members for unbiased investigations.
Drafting annual reports and ensuring confidentiality.

Services Offered by Vidhikarya POSH Lawyers:

Drafting and reviewing POSH policies.
Conducting educational sessions relating to harassment and conduct of a sexual nature in the workplace.
Legal representation in redressal proceedings.
Risk mitigation for false POSH complaints.
Providing 24/7 support and affordable retainers across India (Delhi, Mumbai, and Bangalore).

Note: We help you navigate the complexities of adopting POSH in a workplace. Additionally, employees seeking help for sexual harassment related cases at the workplace can also find solutions with us.

Step-by-Step Guide: Filing a Complaint and Seeking Redressal

Individuals who experienced sexual harassment (through verbal conduct, non-verbal, or in other forms) must take the following steps to seek redress through the ICC.

First, recognise the nature of the harassment (whether physical, verbal, or non-verbal)
Document the evidence—emails, messages, and witness accounts.
Approach ICC/LCC for a solution. Submit a written complaint to them within 3 months of the incident.
Inquiry Process: The ICC investigates and recommends action against the complaint within 90 days.
The outcome of the case ends up in an apology, transfer of the accused, providing compensation, and even termination of the accused.

Seek additional support by checking out platforms such as SHe-Box and helplines from NCW for further support.

This process is central to the prevention and redressal mechanisms under the POSH Act in India.

Common Challenges and Best Practices

Common challenges regarding the POSH Act include the following:

Challenges:

Delayed inquiries
Power imbalances
Lack of evidence in complaints filed

Best Practices:

Annual POSH training for all employees
Clear zero-tolerance policies
Inclusive workplace culture

Empower Your Workplace

Protect your employees’ rights to a safe workplace by complying with POSH in your organisation today. With the help of POSH lawyers, you can make your organisation POSH compliant. Additionally, employees who want justice for sexual harassment in the workplace can also reach out to POSH lawyers for consultation and legal solutions.

Connect with POSH lawyers today and empower your workplace with the voice to seek help for injustice. Also, you can seek help from POSH lawyers as an employee to seek redressal.

Frequently Asked Questions

What is Sexual Harassment Under the POSH Act?

Sexual harassment typically includes instances of unwanted physical contact, demand for sexual favours, or non-verbal conduct, and unwelcome behaviour.

Who can be an ICC member?

The ICC must include a senior woman employee (the presiding officer), two internal members, and one external expert.

Can Men individuals also be the victims of sexual harassment and file complaints?

The POSH Act covers sexual harassment related issues for women. Indeed, men are also vulnerable to vice and can be on the receiving end of sexual harassment. Men facing similar experiences may find redress under IPC provisions. The clearer majority of sexual harassment cases include women, but men can be harassed also, and they too have a right to work in an environment that is free of sexually harassing conduct.

What if my Workplace Lacks an ICC?

Approach the Local Complaints Committee or seek legal help if your workplace lacks an ICC.

Time Limits for Complaints?

Individuals facing sexual harassment at work can file legal complaints within three months of an incident. It can be extended under special cases.

Penalties for Employers?

Employers violating the POSH Act or failing to comply with the POSH Act can face penalties up to $50,000. Additionally, repeated violations can also lead to license cancellation.

What if the harasser is the employer or a person in a higher rank than the employee?

One of the challenges that female employees may experience when they have been harassed and is going for a complaint especially and the harasser is a senior employee or a manager. Still, it is important to notice that no one is entitled to be a victim of workplace violence, at least regardless of their job. The first option is to write a complaint to the ICC or the second the visit a lawyer and take legal action.

Is it possible to report a case without giving my full identity?

Though in most cases it is recommended that you give your identity when making a complaint, some organizations may accept anonymous complaints. Review the regulation of the specific company and ascertain the measures they have put forward against sexual harassment. But at the same time, it is crucial to underline that giving your identity helps to intensify the examination and supports your position.

What happens if the ICC or LCC does not charge any act of harassment?

If the ICC or LCC decides that there is no substance in the complaint, there are other avenues open to the personnel; one can consult a lawyer or reallocation to another department or post. All occurrences and any form of evidence should be properly recorded in preparation for the next stage.

Is it possible to resolve a sexual harassment complaint without the commencement of an investigation?

Yes, before instituting the inquiry, the Internal or Local Committee may try to resolve the issue between the aggrieved woman and the respondent through conciliation. However, it should be stressed that it is impossible to use monetary rewards as a method when implementing this kind of measure. If a settlement is made, it will be documented and can be submitted to the employer or District Officer for further actions that will be required.