POSH Act Compliance: HR Governance Beyond Policy

Many organisations treat POSH compliance as a one-time policy exercise. In reality, the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 places ongoing governance responsibility on HR and the employer.

During inspections, audits, or court proceedings, authorities look beyond whether a POSH policy exists. They examine committee constitution, training evidence, complaint handling discipline, confidentiality, and fairness of process.

This article explains what POSH compliance really means for HR — beyond drafting a policy document.

1. POSH Act: What the Law Actually Expects

The POSH Act mandates that every applicable workplace must:

• Prevent sexual harassment

• Prohibit misconduct through clear rules

• Provide a fair and confidential redressal mechanism

HR’s role is not merely administrative. HR is expected to enable the Internal Committee (IC) while maintaining neutrality and procedural discipline.

2. Internal Committee (IC): Governance Starts Here

The Internal Committee is the foundation of POSH compliance.

HR must ensure:

• IC is constituted strictly as per legal composition

• Presiding Officer is a senior woman employee

• External member is appointed and engaged meaningfully

• Tenure, quorum, and roles are documented

An incorrectly constituted IC can invalidate the entire enquiry, even if the intent was fair.

3. Training and Awareness: Evidence Matters

POSH awareness is a statutory obligation, not a best practice.

HR must ensure:

• Regular employee awareness sessions

• Specialised IC training

• Attendance records and training materials are preserved

In disputes, lack of training evidence weakens the employer’s defence, even if misconduct is established.

4. Complaint Handling: Process Over Emotion

POSH complaints are sensitive, but they are also quasi-judicial proceedings.

HR must ensure:

• Complaints are acknowledged formally

• Timelines under the Act are followed

• Proceedings are unbiased and confidential

• Findings are reasoned and documented

HR should facilitate the process, not influence outcomes.

5. Confidentiality and Retaliation Risks

The Act imposes strict confidentiality obligations.

HR must ensure:

• No disclosure of identities or proceedings

• Secure storage of records

• Protection against retaliation for complainants and witnesses

Breach of confidentiality can attract separate penalties, even if the enquiry is otherwise correct.

6. Annual Reporting and Documentation

HR must coordinate:

• Annual POSH reports to District Officer (where applicable)

• Inclusion of POSH disclosures in Board reports (for companies)

• Maintenance of enquiry records and outcomes

Non-filing of reports is a common but avoidable compliance failure.

Conclusion

POSH compliance is not about having a policy on the intranet. It is about governance discipline, procedural fairness, and credibility of the redressal mechanism.

HR’s role is to build trust in the system — through correct committee constitution, documented training, process integrity, and confidentiality. When governance is strong, POSH compliance becomes sustainable and defensible.

🗹 HR Governance Checklist: POSH Compliance Beyond Policy

🗹 Constitute the Internal Committee strictly as per law
🗹 Appoint and engage an independent external member
🗹 Conduct regular POSH awareness and IC training
🗹 Maintain records of training and attendance
🗹 Follow statutory timelines for complaint handling
🗹 Ensure confidentiality at every stage
🗹 Prevent retaliation against complainants or witnesses
🗹 File annual POSH reports where applicable
🗹 Preserve enquiry records securely

POSH Act Compliance – HR Governance Snapshot

Conclusion--

Effective labour law compliance depends on how well HR operations, payroll, and business processes work together. When compliance is embedded into everyday workflows, organisations reduce risk, improve accuracy, and build sustainable governance systems. HR teams that prioritise integration over isolation are better positioned to manage compliance confidently and consistently.