PoSH Act Compliance: Internal Committee for Workplace Sexual Harassment

What is the PoSH Act?

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (PoSH Act) mandates that every workplace with 10+ employees set up an Internal Committee (IC) and implement a comprehensive PoSH policy to prevent and address sexual harassment of women.

Applies to: All workplaces — private, public, government, NGO, factory, office, online — across India.

Applicability

• 10+ employees (any gender) → Must form Internal Committee (IC)
• Below 10 employees → No IC needed but workplace can still report to Local Committee (LC) constituted at District level

Even temporary, contractual, and part-time workers count toward the 10. Most growing startups quickly cross the threshold.

Internal Committee (IC) constitution

IC must have:

• Chairperson: Senior woman employee (Section 4 mandatory)
• At least 2 employee members committed to women's cause
• At least 1 external member from NGO/lawyer committed to women's cause (cannot be company employee)
• Minimum 50% women members in the IC

If no senior woman employee in establishment, nominate from another office/branch of same company. The external member compensation is paid by employer.

PoSH policy and training

Establishment must:

1. Have a written PoSH policy in employee handbook/separate document
2. Display key provisions at workplace (notice boards)
3. Conduct training — Annual training of all employees + special training for IC members
4. Mandatory orientation for new joiners
5. Maintain confidentiality of complaints and identities
6. Provide safe workplace — review premises, washrooms, security

Complaint handling — IC process

1. Complaint received by IC (written or oral)
2. Verify scope — within definition under Section 2(n)
3. Investigation — Both parties heard, witnesses examined
4. Interim relief — Possible (transfer, leave) during inquiry
5. Inquiry report — Within 90 days of complaint
6. Recommendations — Disciplinary action / compensation
7. Employer implements — Within 60 days of report
8. Appeals to court — If party dissatisfied

Annual report and penalty

Annual Report to District Officer:

• Due by 31 December every year (calendar year basis)
• Number of complaints received, disposed, pending
• Action taken
• Workshops/training conducted

Penalty for non-compliance:

• Up to ₹50,000 for failure to constitute IC or maintain records
• Repeated violations: ₹1 lakh + cancellation of business license
• In case of false complaint — IC can recommend action against complainant