POSH Act Compliance: Setting Up an Internal Committee Correctly

This article is general information only, not legal advice, and not solicitation of work. It should not be relied upon as a substitute for advice on your specific facts.

Who the Law Applies To

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 applies to every employer with ten or more employees, and requires the constitution of an Internal Committee at each office or branch to receive and inquire into complaints of sexual harassment.

Composition of the Internal Committee

The Committee must be headed by a woman employed at a senior level, include at least two employee members committed to the cause of women or with relevant experience, and, critically, at least one external member from an NGO or association familiar with issues of sexual harassment. Omitting the external member is one of the most common compliance failures and can invalidate the Committee’s proceedings.

Process and Timelines

A complaint must be filed within three months of the incident, extendable in appropriate circumstances, and the Committee is required to complete its inquiry within ninety days, with a further sixty days for the employer to act on its recommendations. The process must maintain confidentiality throughout, and conciliation, if sought by the complainant, cannot involve any monetary settlement as a condition.

Beyond the Committee

Employers are also required to conduct regular awareness programmes, display the consequences of sexual harassment prominently, and include the required disclosures in their annual reports. A properly constituted and trained Internal Committee, rather than one that exists only on paper, is what actually reduces both risk and liability for the organisation.

This note is prepared by our Employment & Labour team. If you are dealing with a related situation, get in touch with us.