Does POSH Act apply to small companies in Pune?

Yes. The POSH Act applies to all employers with 10 or more employees — including private companies, startups, NGOs, and government bodies. If you have fewer than 10 employees, complaints go to the Local Complaints Committee (LCC) of the district.

What is the penalty for not having an ICC under POSH?

Non-compliance can result in a fine of ₹50,000 for first violation. Repeat violations can lead to doubling of the penalty and cancellation or non-renewal of business registration licences.

Does my business really need an Internal Committee if we only have a few employees?

The statutory requirement to constitute an Internal Committee applies once an organisation has ten or more employees. Establishments with fewer employees fall under the jurisdiction of the district-level Local Committee instead, but that does not mean smaller workplaces are exempt from the Act's substantive protections.

How long does an employee have to file a POSH complaint?

A complaint should generally be filed within three months of the incident (or the last incident, in a continuing pattern), though the Internal Committee has discretion to extend this in appropriate cases where the complainant can show sufficient reason for the delay.

Can a POSH complaint lead to criminal charges as well?

Yes, if the underlying conduct also amounts to a criminal offence under the Bharatiya Nyaya Sanhita, the complainant can pursue a police complaint separately. The internal POSH inquiry and any criminal proceedings run on separate tracks and neither substitutes for the other.

What happens if my employer doesn't have a proper Internal Committee?

The employer is in breach of a statutory obligation and can be penalised. As an employee, you can still escalate a complaint to the Local Committee constituted by the district administration if your workplace has no functioning Internal Committee.

I've been named as a respondent in a POSH complaint — can I have a lawyer represent me during the inquiry?

The Act does not generally permit lawyers to directly represent parties before the Internal Committee in the way a court hearing would allow, but legal advice on your rights, how to prepare your response, and what to expect at each stage is both permissible and important, especially given the serious service consequences an adverse finding can carry.

Is the identity of the complainant and respondent kept confidential?

Yes, confidentiality is a statutory requirement of the POSH process, and breach of confidentiality by anyone involved in the inquiry itself carries a penalty.

What does setting up POSH compliance for my business actually cost, and how do we start?

The first consultation is free and is used to assess your current setup (or lack of one) and what needs to be put in place. For fee structure beyond that, see the Legal Fees & Consultation Charges page.

POSH Act Compliance Lawyer Pune

POSH Act Compliance & Workplace Law in Pune

Every workplace in India with ten or more employees is legally required to prevent, prohibit, and redress sexual harassment of women, under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) — a standalone statute that was not affected by the 2023–2024 criminal law reforms. The Act requires employers to constitute an Internal Committee, adopt a written policy, and handle complaints within defined timelines, while also giving employees a clear legal route to raise a complaint and seek redress. We advise employers on setting up compliant internal processes, and represent both complainants and respondents in POSH-related proceedings in Pune.

What POSH Compliance and Representation Actually Involves

For employers — constituting an Internal Committee (IC) under Section 4 of the Act, drafting a POSH policy, training the IC, and setting up the annual reporting and display obligations the law requires.
For a complainant — assistance in drafting and submitting a written complaint to the IC under Section 9, understanding the inquiry process, and pursuing further legal remedies if the internal process is inadequate.
For a respondent — representation and advice through an internal inquiry, since a POSH inquiry can lead to serious service consequences including termination, and the process must still follow natural justice.
Appeals and civil/criminal follow-through — where the internal process does not resolve the matter, or where the underlying conduct also amounts to a criminal offence, advising on the appropriate next legal steps.

Who Needs This

Business owners, HR heads, and startups in Pune who need to set up a legally compliant Internal Committee and policy, or who have never formalised one.
An employee who has faced workplace sexual harassment and wants to file a complaint, or is unsure how the internal process works.
An employee or manager who has been named as a respondent in an internal complaint and needs representation through the inquiry.
Organisations facing scrutiny or a show-cause notice for not having a functioning Internal Committee.
Anyone dissatisfied with how an internal inquiry was conducted and considering further legal action.

Where These Matters Are Handled

The POSH process itself begins internally, before the workplace’s own Internal Committee (or the Local Committee, for smaller establishments without ten employees, constituted at the district level). If the internal process fails to deliver a fair or timely outcome, or if the underlying facts also disclose a criminal offence, the matter can move to the Magistrate’s court or, for civil consequences such as wrongful termination following a flawed inquiry, before the appropriate civil or labour forum. Serious workplace incidents that also constitute criminal offences are pursued separately before the police and the criminal courts in Pune, alongside — not instead of — the POSH process.

What the Inquiry Actually Weighs

An Internal Committee inquiry is required to follow the principles of natural justice — both sides must be heard, evidence must be properly recorded, and the process must be conducted with confidentiality. The Committee examines the conduct alleged against the definition of sexual harassment under the Act, the credibility and consistency of the accounts and any supporting evidence, and reaches a finding that supports a recommendation to the employer on the appropriate action. Employers who fail to constitute an IC, or fail to act on its findings, can themselves face penalties, including a fine of up to ₹50,000 under Section 26 and cancellation of business licences on repeat default.

The Process

Case assessment — understanding whether you need compliance setup (as an employer) or representation (as a complainant or respondent), and the specific facts involved.
Documentation — drafting the POSH policy and IC constitution documents for employers, or the written complaint and supporting evidence for a complainant, or the response and evidence for a respondent.
Filing / submission — submitting the complaint to the Internal Committee (within three months of the incident, extendable in genuine cases) or completing the compliance documentation with the organisation.
Inquiry participation — representation and preparation for hearings before the Internal Committee, including statements, cross-examination of the other side’s account where permitted, and written submissions.
Outcome — the Committee’s report and recommendation to the employer, typically within 90 days of the complaint.
Further recourse — advice on appeal options, civil remedies, or parallel criminal proceedings if the outcome is unsatisfactory or the underlying conduct warrants it.

POSH Act Compliance & Workplace Law Pune