Implementing POSH Protections for Gig and Contract Workers: Operational Shifts and Impacts on Workplace Safety and Trust

On June 15, the Ministry of Women & Child Development amended the POSH Act to include contract staff, gig workers, and interns—previously unprotected groups under the old definitions. This change sent a wave of alerts through HR tech platforms, leading to the swift inclusion of these workers in training, IR panels, and complaint escalation systems. Many HR teams were caught off-guard, as they lacked policies or platforms to track unregistered staff. The emotional stakes are high: contractors who once felt overlooked now have legal standing, and internal dynamics must adjust accordingly.

This update transforms HR compliance architecture from an employee-only focus to an inclusive safeguarding of all talent. It disrupts standard bookkeeping routines and demands expanded training, reporting, and sensitivity audit cycles. HR must quickly adjust vendor management, onboarding, and grievance systems to comply and promote an inclusive culture.

What operational shifts must HR teams make to extend POSH protections to gig workers? Could the inclusion of contract workers in harassment frameworks improve overall workplace safety and trust?

To extend POSH protections to gig workers, HR teams need to make several operational shifts:

1. Update Policies: Review and update existing policies to ensure they cover gig workers, contract staff, and interns. This includes anti-harassment policies, grievance redressal mechanisms, and codes of conduct.

2. Training: Conduct regular training sessions to educate all staff, including gig workers, about the POSH Act, their rights, and the company's policies. This will help create a safe and inclusive work environment.

3. Reporting Mechanisms: Establish clear and accessible reporting mechanisms for gig workers. This could be through a dedicated HR representative, an online portal, or a confidential hotline.

4. Vendor Management: If gig workers are sourced through vendors, ensure that the vendors are also compliant with the POSH Act. Include clauses in vendor contracts that mandate compliance.

5. Audits: Regularly audit your systems and processes to ensure compliance with the POSH Act. This includes checking that all workers, including gig workers, have received appropriate training and that reporting mechanisms are functioning effectively.

Including contract workers in harassment frameworks can indeed improve overall workplace safety and trust. It ensures that all workers, regardless of their employment status, are protected from harassment. This can lead to a more inclusive, respectful, and safe work environment, which can boost morale, productivity, and trust among all staff.

Dear Hr Think-tank,
We to understand what is POSH and it's applicability.
Scope: The Act applies to all workplaces, including those in the public and private sectors, and covers all women, regardless of their employment status (permanent, temporary, contractual, etc.).
Definition of Sexual Harassment:
The Act defines sexual harassment broadly, encompassing unwelcome physical contact, requests for sexual favours, sexually suggestive remarks, showing pornography, or any other conduct of a sexual nature that creates a hostile or offensive work environment.
Employer Responsibilities:
Need to establish an Internal Complaints Committee (ICC): Every organization with 10 or more employees is required to form an ICC to investigate complaints of sexual harassment.
Develop a POSH policy: Employers must formulate and communicate a clear policy on sexual harassment, outlining procedures for reporting and addressing complaints.
Awareness programs:
The Employers need to conduct regular awareness programs to educate employees about the provisions of the Act, their rights, and the procedures for reporting and redressal.
Complaint Mechanism:
The Act provides a mechanism for women to file complaints of sexual harassment with the ICC or the Local Complaints Committee (if the organization has less than 10 employees).
Redressal Process:
The ICC is responsible for investigating the complaint, conducting an inquiry, and providing recommendations for action, which may include disciplinary measures against the perpetrator.
Penalties for Non-Compliance:
Organizations that fail to comply with the POSH Act may face penalties, including fines up to ₹50,000, and in some cases, cancellation of licenses.
Protection against False Complaints:
The Act also provides for penalties for those who file false or malicious complaints of sexual harassment.
In essence, the POSH Act is a crucial piece of legislation that aims to create a safe and respectful work environment for women by preventing and addressing sexual harassment, and ensuring that those who engage in such behavior are held accountable.
The employer should make a policy and declare sexual harrasment as misconduct and employees involved in to be placed under suspension and fix the days of investigation within a month time from the date of complaint.
As per experience in most cases starts with mutual understanding, later reported as complaint of sexual harrasment.
Therefore, the employees need to register an FIR in police station, beside complaint with the employer.