Employment Law & POSH
For companies in Bangalore, including startups and Indian subsidiaries of foreign companies, on workplace sexual harassment compliance and inquiries, employment terms and senior-level exits; and for senior professionals on their own contracts and departures.
Employment questions that carry legal and reputational risk
For a growing company, the employment matters that most often lead to litigation or reputational harm are a workplace sexual harassment complaint handled without proper procedure, the exit of a senior employee or co-founder, and the misuse of confidential information by someone who has left. Each turns on documents prepared long before the dispute: the POSH policy and Internal Committee, the employment agreement, the stock option plan and the confidentiality terms.
The practice accepts advisory and retainer work for companies and a limited number of disputes, under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, the Indian Contract Act, 1872, the Karnataka Shops and Commercial Establishments Act, 1961 and the four Labour Codes, which the Central Government brought largely into force from 21 November 2025, with the corresponding rules being notified in stages.
POSH Compliance & the Internal Committee
Every employer with ten or more employees must constitute an Internal Committee at each office or administrative unit under Section 4, presided over by a senior woman employee and including an external member drawn from a non-governmental organisation or a person familiar with issues relating to sexual harassment. The employer must also have a written policy and conduct awareness programmes under Section 19, and include the number of cases in its annual report under Section 22. Non-compliance is punishable under Section 26. In Aureliano Fernandes v. State of Goa, 2023, the Supreme Court directed strict enforcement of the Act and the proper constitution of committees across employers.
POSH policy and committee constitution
Training for committee members
Annual reporting and records
Compliance for new Indian entities
POSH Inquiries & Challenges
A complaint must be made within three months of the incident, extendable by a further three months (Section 9); the inquiry must be completed within ninety days (Section 11(4)); and the report given within ten days of completion (Section 13). The inquiry must observe the principles of natural justice: in Aureliano Fernandes the Supreme Court set aside the dismissal of an employee because the inquiry had been conducted in haste without a fair opportunity to respond. The practice advises Internal Committees on procedure and the drafting of reports, and represents parties in appeals under Section 18 and in proceedings before the High Court.
Procedural advice to committees
Inquiry reports and recommendations
Appeals under Section 18
Writ petitions in the High Court
Senior Employee Exits & Restrictive Covenants
Senior managerial employees usually fall outside the statutory definition of a worker, so disputes over their exit are decided on the contract: notice, notice pay, bonus, stock option vesting and clawback, and the return of company property. A restraint on working for a competitor after employment ends is generally void under Section 27 of the Indian Contract Act (Percept D'Mark (India) Pvt. Ltd. v. Zaheer Khan, (2006) 4 SCC 227), but restraints during employment and obligations of confidentiality can be enforced, and an injunction can be sought against the misuse of trade secrets. Separation and settlement agreements are drafted so that the exit is final.
Termination of senior employees
Stock option and bonus disputes
Confidentiality and trade secret injunctions
Separation and settlement agreements
Employment Documentation for Companies
For companies hiring in India, including foreign companies setting up an Indian subsidiary: offer letters and employment agreements under Indian law, consultant and independent contractor agreements that reflect the real relationship, stock option plans for Indian employees, confidentiality and invention assignment terms, and workplace policies. Under the Labour Codes, the questions of who is a worker, what counts as wages and which registrations apply are reviewed as the rules are notified.
Employment and consultant agreements
Stock option plans
Invention and IP assignment terms
Workplace policies
Applicable Laws: Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013 and Rules 2013, Indian Contract Act 1872, Code on Wages 2019, Industrial Relations Code 2020, Code on Social Security 2020, Occupational Safety, Health and Working Conditions Code 2020, Karnataka Shops and Commercial Establishments Act 1961.
Employment & POSH: Frequently Asked
Does our company in India need an Internal Committee under the POSH Act?
Yes, if it has ten or more employees. Section 4 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 requires every employer with ten or more employees to constitute an Internal Committee at each office or administrative unit, presided over by a senior woman employee and including an external member from a non-governmental organisation or a person familiar with issues relating to sexual harassment. Failure to comply is punishable with a fine of up to fifty thousand rupees under Section 26, with higher penalties for repeated failure. The Supreme Court stressed strict compliance in Aureliano Fernandes v. State of Goa, 2023.
Is a non-compete clause enforceable against a former employee in India?
Generally not after the employment ends. Section 27 of the Indian Contract Act, 1872 makes void any agreement in restraint of trade, and the Supreme Court has held that post-employment restraints are unenforceable (Percept D'Mark (India) Pvt. Ltd. v. Zaheer Khan, (2006) 4 SCC 227). A restraint that operates during the term of employment is treated differently (Niranjan Shankar Golikari v. Century Spinning and Manufacturing Co., AIR 1967 SC 1098). Obligations of confidentiality and the protection of trade secrets can, however, be enforced after employment ends.
What is the time limit for a complaint and an inquiry under the POSH Act?
A complaint must be made within three months of the incident, or of the last incident in a series, and the Internal Committee may extend this by a further three months for reasons recorded in writing (Section 9). The inquiry must be completed within ninety days (Section 11(4)), and the report given to the employer within ten days of its completion (Section 13). An appeal against the recommendations lies within ninety days (Section 18).
Can a senior executive challenge a termination?
Senior managerial employees usually fall outside the statutory definition of a worker or workman, so the labour forums are generally not available to them. Their remedies lie in the employment contract: notice pay, damages for wrongful termination, unpaid bonus, and the vesting or treatment of stock options, pursued by negotiation, a civil suit or arbitration where the contract provides for it. Reinstatement is rarely ordered in such cases.
Request an Appointment
Send a WhatsApp message or email with a short description of the matter. Advisory and retainer work for companies is conducted largely by email and video. An enquiry does not create a lawyer-client relationship.
Informational only, per Rule 36 of the Bar Council of India Rules. No solicitation of work is intended.