What types of contracts does AMLEGALS handle?

AMLEGALS provides comprehensive contract advisory across 43+ contract types including Technology contracts (SaaS, AI/ML, Cloud Services), Data Privacy agreements (DPAs, DPDPA compliance), Commercial contracts (MSAs, Supply, Distribution), IP & Licensing, Employment agreements, and International Trade contracts.

What is the TCL Framework for contracts?

The TCL Framework is AMLEGALS proprietary approach that examines every contract through three lenses: Technical (understanding the operational realities), Commercial (aligning business objectives), and Legal (ensuring compliance and risk mitigation). This integrated approach ensures contracts that work in practice, not just on paper.

Does AMLEGALS handle DPDPA-compliant contracts?

Yes, AMLEGALS specializes in DPDPA-compliant contracts including Data Processing Agreements, Cross-Border Transfer Mechanisms, Data Sharing Agreements, and Consent Management frameworks. Our Vibe Data Privacy™ framework ensures comprehensive compliance with the Digital Personal Data Protection Act, 2023.

Can AMLEGALS help with AI and technology contracts?

Yes, AMLEGALS has dedicated expertise in AI/ML Contracts, AI Governance agreements, AI Training Data Licensing, SaaS Agreements, Cloud Services agreements, and System Integration contracts. We address emerging issues like algorithmic accountability, model ownership, and AI liability allocation.

Who must constitute an Internal Committee?

Every employer with 10 or more employees must constitute an IC. The IC must include: a presiding officer who is a senior woman employee, at least two employees committed to women's causes, and one external member from an NGO or person familiar with sexual harassment issues. The external member is mandatory and adds credibility and objectivity to the process.

What should an external member agreement include?

External member agreements should address: appointment term and renewal, compensation for meetings and inquiries, confidentiality obligations, conflict of interest provisions, training requirements, availability expectations, and termination provisions. The agreement should ensure the external member is genuinely independent and has capacity to fulfill the role.

What training is required under POSH?

While specific training content is not prescribed, effective compliance requires: IC member training on conducting inquiries and legal requirements, awareness training for all employees on policy and procedures, and leadership training on prevention and appropriate response. Training should be conducted periodically, not just at induction.

How does POSH apply to contractors and visitors?

The POSH Act definition of "aggrieved woman" includes women of any age whether employed or not, who alleges harassment in relation to a workplace. This extends protection to contractors, clients, and visitors. Employer policies and contracts should extend protections and obligations accordingly. The IC has jurisdiction over complaints from any woman in relation to the workplace.

POSH Compliance Agreements | Workplace Harassment Prevention

Overview

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) mandates every employer with ten or more employees to constitute an Internal Committee (IC) and implement a workplace sexual harassment prevention policy. Compliance requires not just policy documentation but operational implementation - functioning committees, trained members, awareness programs, and response procedures.

Contractual frameworks support POSH compliance in several dimensions. Agreements with external members appointed to Internal Committees define their roles, compensation, and obligations. Contracts with training providers ensure appropriate awareness programs. Policies incorporated into employment contracts create enforceable behavioral standards. Vendor and contractor agreements extend protections to the extended workplace.

Effective POSH compliance goes beyond legal obligation to create workplace cultures where harassment does not occur and, when it does, is addressed promptly and fairly. This requires not just documents but genuine commitment from leadership, accessible complaint mechanisms, impartial investigation processes, and appropriate consequences for violations.

Key Considerations

1

IC Constitution

Proper formation of Internal Committee with required membership including external member.

2

External Member Agreement

Terms of engagement for the mandatory external member familiar with sexual harassment issues.

3

Policy Framework

Comprehensive prevention policy addressing definitions, prohibited conduct, and procedures.

4

Training Arrangements

Agreements with training providers for awareness and IC member capacity building.

5

Extended Workplace

Extension of protections through vendor and contractor agreements.

6

Confidentiality Obligations

Confidentiality requirements for IC members and all parties involved in complaints.

Applying the TCL Framework

Technical

Understanding complaint management systems
Assessing investigation methodology requirements
Evaluating training content and delivery
Reviewing documentation and record-keeping needs
Understanding reporting requirements

Commercial

Budgeting for compliance infrastructure
External member compensation structuring
Training program procurement
Investigation service arrangements
Ongoing compliance costs

Legal

Ensuring policy meets POSH Act requirements
Drafting IC member agreements
Creating compliant investigation procedures
Addressing confidentiality and non-retaliation
Extending protections to contractors and visitors

“

"POSH compliance is not about having a policy - it is about creating a workplace where harassment is prevented and, when it occurs, addressed with fairness, speed, and appropriate consequence. The law provides the framework; organizational culture determines whether it works."

AM

Anandaday Misshra

Founder & Managing Partner

Common Pitfalls

Paper Compliance

Policies and committees that exist on paper but do not function effectively in practice.

IC Training Gaps

Committee members who have not received adequate training on conducting inquiries.

External Member Neglect

Failure to appoint an external member or appointing someone without relevant expertise.

Confidentiality Breaches

Complaint information disclosed inappropriately, damaging parties and deterring future complaints.

Contractor Exclusion

Not extending protections to contractors, vendors, and visitors in the workplace.

POSH Act Framework

The POSH Act requires employers with 10+ employees to: constitute an Internal Committee with specified composition including an external member, develop and disseminate a prevention policy, conduct awareness programs, submit annual reports to the District Officer, and provide a safe working environment. Non-compliance can result in penalties, license cancellation, and personal liability for responsible officers. The definition of "workplace" is broad, covering any place visited in connection with work, and "employee" includes contract workers and visitors.

Practical Guidance

Constitute the IC with proper composition and trained members.
Appoint an external member with genuine expertise.
Develop comprehensive policy covering prevention, prohibition, and redressal.
Conduct regular awareness training for all employees.
Establish clear and accessible complaint procedures.
Maintain confidentiality and protect against retaliation.

Frequently Asked Questions

Related Contract Types

Master Service Agreements

Commercial & Corporate

Framework contracts enabling multiple engagements under consistent terms

Employment Agreements

Employment & HR

Comprehensive contracts addressing compensation, duties, and termination provisions

Confidentiality Agreements

Employment & HR

Protection of trade secrets and proprietary information during and after employment

Contractor Agreements

Employment & HR

Independent contractor relationships with misclassification risk mitigation

Related Practice Areas

Employment Regulatory Compliance Commercial Contracts

POSH Compliance Agreements

Overview

Key Considerations

IC Constitution

External Member Agreement

Policy Framework

Training Arrangements

Extended Workplace

Confidentiality Obligations

Applying the TCL Framework

Technical

Commercial

Legal

Common Pitfalls

Paper Compliance

IC Training Gaps

External Member Neglect

Confidentiality Breaches

Contractor Exclusion

POSH Act Framework

Practical Guidance

Frequently Asked Questions

Related Contract Types

Master Service Agreements

Employment Agreements

Confidentiality Agreements

Contractor Agreements

Related Practice Areas

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