TL;DR
- An Internal Committee, formally the Internal Complaints Committee and often called an ICC, is the in-house body that receives and inquires into complaints, led by a senior woman employee, with employee members and an external member.
- A woman makes a written complaint to the committee, which may attempt conciliation if she asks, inquires fairly and confidentially, reports its findings to the employer, and the employer acts on the recommendations.
- Non-compliance is punishable with a fine, and a repeat conviction after a prior one can bring a higher punishment and cancellation or non-renewal of the licence or registration the business needs.
Quick Answer: The POSH Act is India's 2013 law that protects women from sexual harassment at work. It applies to every employer, public or private, which must display the consequences of harassment, run awareness programmes and form an Internal Committee, with a district Local Committee covering workplaces too small for one.
The Act is gender-specific by design, yet an employer may choose to apply the same policy to every member of staff. The duties sit with the employer and not with the committee, so the employer answers for an unconstituted committee and for failing to act on its recommendations. This guide explains who is covered, what a compliant employer does and how a complaint moves from filing to action.
What is the POSH Act and what does POSH stand for?
POSH stands for Prevention of Sexual Harassment, the common name for the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. The Act protects women at work and sets duties for employers. You can read the full text of the Sexual Harassment of Women at Workplace Act, 2013 as published in the Gazette of India.
What are the three aims of the Act?
The full title names three aims.
- Prevention. Employers must provide a safe working environment, display the consequences of harassment and hold awareness programmes.
- Prohibition. The Act forbids sexual harassment of women at work and treats it as misconduct.
- Redressal. A woman who is harassed must have a fair, confidential route to complain and to have the complaint inquired into.
Why was the Act made?
The Act was made to put protection against sexual harassment at work into a statute. Before 2013, workplaces were guided by directions of the Supreme Court.
What is the POSH Act in a company or office?
In a company or office the Act becomes a set of working tasks: a committee, displayed notices, regular awareness sessions and the records that prove each one was done. The Ministry of Women and Child Development's Handbook adds a policy that is communicated to staff. Where a workplace has several offices or units, each needs its own Internal Committee.
Who must comply with the POSH Act?
Every employer in India has duties under the Act, in public and private sectors and in organised and unorganised workplaces; what changes with size is which committee hears complaints.
| Workplace situation | Who hears complaints | Who sets it up |
|---|---|---|
| Workplace that reaches the headcount the Act sets | Internal Committee at that office or unit | The employer |
| Smaller workplace | Local Committee | The District Officer |
| Complaint against the employer | Local Committee | The District Officer |
| An organisation with several offices | A separate Internal Committee at each office or administrative unit | The employer |
How does workplace size decide the committee?
An Internal Committee is formed where the workplace reaches the headcount the Act sets, and you should check the Act for the figure that applies to your establishment. Below that point the district Local Committee hears complaints, and the employer still carries every other duty.
Who is protected by the Act?
The Act protects women, whatever their age and whatever their form of employment. Permanent, temporary, contract, daily-wage and ad hoc staff are covered, as are probationers, trainees and apprentices, and anyone called by another such name. A woman visiting a workplace can also be protected, whether or not she is employed there.
What counts as sexual harassment and which workplaces are covered?
The Act treats any unwelcome act or behaviour of a sexual nature, physical, verbal or non-verbal, as sexual harassment, and covers places visited in the course of work, including transport the employer provides.
What are the forms of sexual harassment?
The Act lists the conduct in plain terms.
- Unwelcome physical contact and advances.
- A demand or request for sexual favours.
- Sexually coloured remarks.
- Showing pornography.
- Any other unwelcome physical, verbal or non-verbal conduct of a sexual nature.
The Act also names circumstances that, when connected with such conduct, may amount to sexual harassment, such as an implied or explicit promise of preferential treatment, a threat of detrimental treatment, or an intimidating or hostile work environment.
Which workplaces are covered?
The definition of workplace is broad and includes the office itself, a client site, any place a person visits in the course of work and transport provided by the employer for the journey. It also reaches a dwelling place where a domestic worker is employed. For remote and hybrid work, an employer can apply the same policy to work-related online interaction, which is a sensible practice and not a separate legal claim.
What is an Internal Committee and how is it formed?
An Internal Committee, formally the Internal Complaints Committee and often called an ICC, is the in-house body that receives and inquires into complaints, led by a senior woman employee, with employee members and an external member.
Who sits on an Internal Committee?
The ICC under the POSH Act has three kinds of member.
- Presiding Officer. A woman employed at a senior level in the workplace.
- Employee members. Staff, preferably committed to the cause of women or with experience in social work or legal knowledge.
- External member. A person from a non-governmental organisation or association committed to the cause of women, or a person familiar with the issues relating to sexual harassment.
What is a Local Committee?
A Local Committee is set up by the District Officer. It hears complaints where the workplace has no Internal Committee and where the complaint is against the employer.
What must an employer do to comply with the POSH Act?
An employer must form the committee, display the required information, run awareness programmes, support inquiries, keep proceedings confidential and monitor that the committee submits its annual report on time, and the Ministry's Handbook adds a communicated policy. The committee's annual report goes to the employer and the District Officer. The employer also includes the number of cases filed and their disposal in its own annual report or, where it prepares no such report, tells the District Officer. The Ministry of Women and Child Development publishes a Handbook on Sexual Harassment of Women at Workplace for employers, and these duties sit beside the wider statutory compliance obligations in HR and payroll.
| Duty | In practice | Evidence to keep |
|---|---|---|
| Policy (set out in the Ministry's Handbook) | Plain-language policy, communicated to everyone | Policy versions; acknowledgement records |
| Internal Committee | Formed in writing, with the external member in place | Order constituting the committee; member list |
| Display of information | Committee details and consequences shown at work | Photos or notice records per office |
| Awareness programmes | Regular sessions for all staff; orientation for the committee | Attendance and content records |
| Support for inquiries | Facilities and time given to the committee | Inquiry records (kept confidential) |
| Confidentiality | Complaint and inquiry details protected | Access log; confidentiality undertakings |
| Annual report | Committee report on cases received and disposed, filed with the employer and the District Officer | Copy of the report and proof of submission |
What should a POSH policy contain?
A POSH policy should define sexual harassment in line with the Act, explain how to complain and say what follows a finding. The Ministry's Handbook describes a policy that prohibits the conduct, sets out prevention and gives a framework for redress, and the points below are the usual contents.
- A definition of sexual harassment in line with the Act.
- How and to whom a woman can complain.
- The names and contact details of the committee.
- A statement on confidentiality.
- The consequences for the person found responsible.
- The training and awareness the employer will provide.
What POSH training must employers run?
Employers must run awareness programmes at regular intervals for all staff, including contract workers, trainees and apprentices. They must also run an orientation for members of the Internal Committee. Keep attendance records and the session content, because these are the evidence that the duty was met.
How does the complaint and inquiry process work?
A woman makes a written complaint to the committee, which may attempt conciliation if she asks, inquires fairly and confidentially, reports its findings to the employer, and the employer acts on the recommendations.
What are the steps from complaint to action?
The steps run in this order.
- Complaint. The woman complains in writing, and the committee helps her to put it in writing if she cannot.
- Conciliation. If she asks, the committee may try to settle the matter, but never through a money settlement.
- Inquiry. The committee inquires into the complaint and gives both sides a fair hearing.
- Findings. The committee reports its findings and recommendations to the employer.
- Employer action. The employer acts on the recommendations in line with its service rules.
- Confidentiality. The identity of the parties and the details of the inquiry stay confidential throughout.
While the inquiry is pending, the committee can, on the woman's written request, recommend interim relief to the employer, such as a transfer of either party or leave for her.
Can a woman complain online?
Yes. The government runs SHe-Box, an online complaint portal under the Ministry of Women and Child Development, as a route for registering a complaint of workplace sexual harassment.
What happens if an employer does not comply, and how can software help?
Non-compliance is punishable with a fine, and a repeat conviction after a prior one can bring a higher punishment and cancellation or non-renewal of the licence or registration the business needs. It also undermines every complaint the company later handles. Keeping committee changes, notices, awareness sessions and reports on track is the kind of recurring tracking that compliance management software is built to address. For a state-level example, see LexComply's note on a state directive on POSH compliance in Maharashtra.
How can software help an employer track POSH duties?
LexComply is a compliance management platform whose legal library covers HR, labour and employment law and which allocates each obligation to a named owner. Its compliance calendar, alerts, escalations for overdue items and proof upload give an employer a place to schedule and evidence recurring tasks of this kind, such as committee changes, displayed notices, awareness sessions and the annual report. A free Labour Law Chatbot answers labour-law questions by city and state.
Common Mistakes to Avoid
- Forming an Internal Committee without an external member. The committee is incomplete without one.
- Relying on one committee for every office. Each office or administrative unit needs its own.
- Having a policy that nobody has read. Communicate it to everyone and keep acknowledgement records.
- Training once and stopping. Run awareness programmes regularly and orient each new committee member.
- Leaving out contract workers, trainees and visitors. The Act's protection is wider than permanent staff.
- Skipping the annual report. It is a duty, and the record of it is evidence.
Legal Disclaimer
This article is general information about the POSH Act and is not legal advice. Obligations differ by company, sector and state, so take advice on your own position before acting.