POSHInternal CommitteeWorkplace HarassmentComplianceForeign MNC
AMLEGALS / Employment & Mobility / POSH Compliance India for Foreign MNCs
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POSH Compliance India for Foreign MNCs

POSH Act compliance and global-policy alignment for foreign MNCs in India.

Strategic context

The issues that decide the outcome

The POSH Act imposes specific, non-negotiable obligations on every employer in India with the requisite headcount, and foreign multinationals are fully within its scope for their Indian operations regardless of a sophisticated global anti-harassment policy. The Act requires a properly constituted Internal Committee with an external member, a defined complaint and inquiry procedure, prescribed timelines, annual reporting to the district authority, and employee awareness, and a global code does not substitute for these Indian-law specifics.

Foreign MNCs most often fall short on the composition of the Internal Committee, the inquiry procedure that must follow principles of natural justice, and the annual filing, any of which can expose the employer to penalty and to challenge of its findings. We constitute compliant Internal Committees, align the global policy with the Indian statutory process, train committee members and employees, and support inquiries so that outcomes are legally robust and the employer liability is managed.

Workstreams

How AMLEGALS acts

01

Internal Committee setup

Constituting a compliant Internal Committee with the required composition, including the mandatory external member, across each covered workplace.

02

Policy alignment

Aligning the global anti-harassment policy with the POSH Act requirements so the India process meets the statutory specifics.

03

Inquiry procedure

Designing the complaint, inquiry, and redressal procedure to follow natural justice and the statutory timelines.

04

Training and awareness

Delivering Internal Committee member training and employee-awareness programmes as the Act requires.

05

Annual reporting

Preparing and filing the annual report to the district officer and maintaining the prescribed records.

06

Inquiry support

Advising on specific complaints and inquiries so findings and any action are legally defensible.

Answers

Frequently asked questions

01Does the POSH Act apply to a foreign MNC in India?

Yes. The POSH Act applies to every employer in India meeting the headcount threshold, including Indian operations of foreign multinationals. A global anti-harassment policy does not exempt the employer from the specific Indian statutory obligations.

02What does the Internal Committee require?

A compliant Internal Committee must have a presiding officer who is a senior woman employee, the prescribed employee members, and at least one external member from an organisation working on these issues. Incorrect composition can invalidate the committee findings.

03What are the penalties for POSH non-compliance?

An employer that fails to constitute an Internal Committee or comply with the Act can face a monetary penalty, and repeated non-compliance can lead to higher penalties and cancellation of licences or registrations. Defective inquiries can also be set aside on challenge.

04Does an initial discussion create a lawyer-client relationship?

No. No engagement is treated as accepted until conflicts, scope and terms are confirmed in writing. An initial discussion is confidential and is used only to understand the matter and assess fit.

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