PoSH implementation is no longer a box-ticking exercise. It is a legal responsibility that directly reflects an organisation’s commitment to workplace dignity, safety, and equity. Yet, many companies with good intentions fall short when it comes to implementing the PoSH Act in letter and spirit. These lapses often stem from incomplete understanding, procedural oversight, or a lack of ongoing legal guidance.
In practice, flawed PoSH implementation exposes organisations to regulatory scrutiny, reputational damage, and internal distrust. Employees, particularly women, look to employers for reassurance that complaints will be handled with seriousness, confidentiality, and fairness. When systems fail, confidence erodes.
A well-documented approach to PoSH implementation begins with robust policies, trained committees, and continuous awareness. Many organisations explore PoSH policy implementation processes to ensure compliance, yet execution gaps remain common. Understanding where companies falter is the first step towards building a safer, legally compliant workplace.
1. Not Constituting the Internal Committee Correctly
One of the most frequent PoSH implementation mistakes is the improper constitution of the Internal Committee (IC). The PoSH Act mandates a specific structure, composition, and qualification criteria for IC members. Deviations from these requirements can render the committee invalid in the eyes of the law.
Common errors include:
- Appointing members without the required seniority or experience
- Failing to include an external member with relevant experience
- Treating IC roles as symbolic rather than functional
- Non-compliance with the prescribed gender ratio, as the Act requires that a minimum of 50 per cent of the committee members be women.
- Inappropriate appointment of C-suite executives or business owners as committee members, despite their status as employers, which is inconsistent with the requirements for Internal Committee membership.
How to avoid this:
- Ensure the IC is constituted strictly as per statutory guidelines
- Select members based on competence, neutrality, and credibility
- Engage qualified external members with demonstrable expertise
- Document appointments formally and communicate them internally
A properly constituted IC forms the backbone of effective PoSH implementation and ensures complaints are addressed with procedural integrity.
2. Not Conducting Periodical Training for Employees
Another significant gap in PoSH implementation is the absence of regular employee training. Many organisations conduct a one-time session during onboarding and assume compliance is complete. The law, however, requires that awareness programmes are conducted periodically. While organisations may decide the frequency based on their size and structure, conducting training at least once a year is recommended for smaller organisations, with an obligation to ensure that all employees are covered.
Without periodic training:
- Employees may not recognise inappropriate behaviour
- Reporting mechanisms remain unclear
- Myths and stigma around complaints persist
- Trust in the redressal system weakens
Effective organisations treat training as an ongoing process. Regular sessions help reinforce respectful conduct, clarify reporting channels, and create a culture of accountability. This is especially important in diverse workplaces where employees may have varying levels of awareness.
3. Not Training the Internal Committee to Handle Complaints
Even when an IC is properly constituted, a lack of training can severely undermine PoSH implementation. Handling sexual harassment complaints requires legal understanding, emotional intelligence, confidentiality, and procedural discipline.
Untrained ICs may:
- Mishandle sensitive information
- Miss statutory timelines
- Ask inappropriate or leading questions
- Fail to follow principles of natural justice
Such lapses can retraumatise complainants and expose the organisation to legal challenges.
How to avoid this:
- Conduct specialised IC training led by legal professionals
- Provide guidance on inquiry procedures, evidence evaluation, and reporting
- Update IC members on legal developments and best practices
- Conduct mock inquiries to build confidence and competence
An empowered IC is essential to credible PoSH implementation and employee trust.
4. Not Publishing the PoSH Policy as Required by Law
Many companies draft a PoSH policy but fail to publish or communicate it effectively. A policy hidden in internal folders or shared only with select teams does not meet statutory expectations.
The law requires that:
- The PoSH policy is accessible to all employees
- Key details are displayed prominently at workplaces
- Employees are informed about the complaint mechanisms and IC members
When policies are not visible:
- Employees remain unaware of their rights
- Reporting barriers increase
- The organisation appears non-transparent
To avoid this mistake:
- Publish the policy on internal portals and notice boards (as it is mandated by the law)
- Share it during onboarding and refresher sessions
- Use clear, inclusive language
- Review and update the policy periodically
Transparent communication strengthens PoSH implementation and reassures employees that the organisation takes complaints seriously.
5. Not Submitting the Annual Report to the Appropriate Authority
Failure to submit the Annual report on PoSH is a compliance lapse that often goes unnoticed until scrutiny arises. Every IC is required to submit an annual report detailing complaints received, disposed of, and pending, along with actions taken.
Common issues include:
- Missing submission deadlines
- Incomplete or inaccurate reporting
- Submitting to the wrong authority
- Lack of internal tracking mechanisms
Consequences can include penalties, adverse inspection findings, and reputational harm.
How to avoid this:
- Maintain detailed records throughout the year
- Assign responsibility for report preparation and submission
- Verify jurisdiction-specific reporting requirements
- Seek legal review before submission
- Following a structured compliance framework, such as a PoSH implementation checklist, can help organisations track statutory requirements like annual reporting, documentation, and authority-specific submissions more effectively
Accurate reporting reflects maturity in PoSH implementation and demonstrates organisational accountability.
Conclusion
Effective PoSH implementation demands more than intent. It requires structured action, legal precision, and sustained commitment. From constituting a competent Internal Committee to ensuring regular training, transparent policies, and timely reporting, each step plays a critical role in building a safe workplace.
Organisations that invest in compliance not only reduce legal risk but also foster trust and inclusion. Women, in particular, look to systems that respond with seriousness and sensitivity, while inclusive frameworks benefit all employees.
Legal guidance can make the difference between superficial compliance and meaningful implementation. Professional support from specialists such as Sol PoSH consultants helps organisations navigate statutory requirements with clarity, confidence, and care. With the right approach, PoSH implementation becomes a foundation for dignity, respect, and long-term organisational integrity.