Every workplace in India with ten or more employees must have an Internal Committee to deal with complaints of sexual harassment of women. Many small and medium businesses either have not formed one or formed it once and never reviewed it. This guide explains, in plain language, what the law asks for and how an SME can set up a committee that actually works.
1. The law in brief
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, usually called the POSH Act, places the duty of prevention on the employer. It covers every woman at the workplace, whether she is a permanent employee, contract worker, trainee, intern or visitor. Its main requirements for an employer are:
- Constitute an Internal Committee (IC) at each office or administrative unit with ten or more employees
- Frame and circulate a written policy against sexual harassment
- Display the consequences of harassment and the names of IC members at a conspicuous place
- Run awareness programmes for employees and orientation for IC members
- Act on the IC’s recommendations and include POSH details in the annual report where applicable
Workplaces with fewer than ten employees, and complaints against the employer, are handled by the Local Committee set up by the district officer.
2. Who sits on the Internal Committee
- Presiding Officer: a woman employed at a senior level in the organisation
- At least two members from among employees, preferably committed to the cause of women or with experience in social work or legal knowledge
- One external member from an NGO or association committed to the cause of women, or a person familiar with issues relating to sexual harassment
At least half of the members must be women, and members hold office for a period not exceeding three years. Choose people who are trusted, discreet and available, not only those with the most senior titles.
3. How a complaint moves
- The aggrieved woman submits a written complaint to the IC, normally within three months of the incident; the IC can extend this for a further three months for valid reasons
- If she requests it, the IC may first try conciliation, but no monetary settlement can be the basis of conciliation
- Otherwise the IC conducts an inquiry following the principles of natural justice, giving both sides a fair hearing
- The inquiry should be completed within 90 days, and the report given to the employer within 10 days of completion
- The employer acts on the recommendations within 60 days
Confidentiality is a legal duty. The identity of the complainant, respondent and witnesses, and the details of the inquiry, must not be published or made known.
4. Setting it up in an SME: a practical checklist
- Count employees at each location, including contract and part-time staff, to see where an IC is required
- Identify the Presiding Officer and members, and get their written consent
- Engage a qualified external member and record the terms of engagement
- Issue a board or proprietor’s order constituting the IC
- Publish the POSH policy in English and the local language, and add it to the induction kit
- Display IC details on notice boards and the intranet
- Keep a complaints register and a secure file system with restricted access
- Prepare the IC’s annual report and share it with the employer and the district officer
5. Keep it alive
A committee formed on paper does not create a safe workplace. Hold awareness sessions for staff, train IC members on inquiry procedure, review the committee when members leave and refresh the policy each year. If your HR records live in one system, such as ATTPL HRMS, it is easier to track training, acknowledgements and committee changes. Our employee onboarding checklist shows where the POSH policy fits into a new hire’s first week, and the industrial safety compliance checklist covers other workplace duties for factories.
Frequently asked questions
Is an Internal Committee needed if all employees are men?
The duty arises from the number of employees at the workplace. Women visitors, customers, contract staff and interns are also protected, so most organisations with ten or more employees should constitute the IC and keep it current.
Can the owner be the Presiding Officer?
The Presiding Officer must be a senior woman employee. A complaint against the employer goes to the Local Committee, so it is better to keep the IC independent of the owner.
Where can a woman file a complaint online?
The Ministry of Women and Child Development runs the SHe-Box portal, which accepts complaints and forwards them to the right authority.
Need help with HR compliance for your business? Contact ATTPL HOLDCO.
Sources
- India Code: Sexual Harassment of Women at Workplace Act, 2013
- SHe-Box (Ministry of Women and Child Development)
- Ministry of Women and Child Development
This article is general information, not legal advice. Rules and procedures can change; please check the official sources and consult a qualified professional.
