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All-in-one HR platform · v2.0
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The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013, usually called the POSH Act, requires employers to constitute an Internal Committee to receive and inquire into complaints of sexual harassment. The policy says what is prohibited; the committee is the body that makes the policy enforceable.
This guide is about the committee: who sits on it, how it is set up, and how it works when a complaint arrives. The requirements summarised here come from the Act and its rules, but they are summarised, and the full text, any state-specific notifications and current guidance should be checked with a qualified adviser before you rely on them. Nothing here is legal advice.
01
The Act requires an Internal Committee at each office or administrative unit of an employer with ten or more workers. Organisations with offices in several locations commonly constitute a committee for each location or administrative unit, rather than one committee for everyone.
Where an establishment has fewer than ten workers, complaints go to a Local Committee constituted by the district. Even then, the employer still has duties under the Act, including having a policy and making employees aware of where to complain.
Watch for itHow 'workplace' and 'employee' are defined under the Act is wider than many employers assume, and can include interns, trainees, contract workers and visits to client sites. Check the definitions against your own workforce.
02
The Act sets the composition. As commonly summarised, it is: a Presiding Officer who is a woman employed at a senior level; at least two members from among employees, preferably committed to the cause of women or with experience in social work or legal knowledge; and one external member from a non-governmental organisation 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.
Members are nominated by the employer, by written order, for a term. Record the order, the names, the term and the date, and display the composition where employees can see it.
Watch for itComposition, term, and the rules on the external member's fees and qualifications are set by the Act and its rules. Verify them against the current text before constituting the committee.
03
Seniority alone does not make a good member. Members need to be trusted, discreet, able to give time at short notice, and not in a reporting relationship that would make it hard to act independently. Avoid placing someone on the committee who is likely to be a party or witness in complaints, such as the only person who manages a large team.
The external member brings independence and experience. Agree their engagement terms in writing, including fees and confidentiality.
04
Members need to understand the Act, the definition of sexual harassment, how to conduct an inquiry, the principles of natural justice and how to write a report. Train them when they are appointed and refresh it periodically.
Employees need to know the committee exists, who is on it and how to reach them. Display this at the workplace, put it in the policy and the handbook, and cover it at induction. A committee nobody knows about cannot receive complaints.
05
The Act and rules set the procedure and its time limits. In outline: a complaint is made in writing to the committee within a time limit from the incident, which may be extended in some circumstances; the committee may, at the complainant's request, attempt conciliation before inquiry, but monetary settlement cannot be the basis of conciliation; otherwise it conducts an inquiry, gives both parties a hearing, and completes the inquiry within a set period; it then issues a report with recommendations to the employer, who must act on them within a set period.
During the inquiry, the committee may recommend interim relief for the complainant, such as a transfer or leave. Confidentiality of the identities and proceedings is a statutory requirement, not a courtesy.
Watch for itThe specific time limits for filing, inquiry completion, report and employer action, and the rules on extension and appeal, must be checked against the current Act and rules. Do not rely on a summary for deadlines.
06
The committee keeps records of complaints and proceedings securely and confidentially. The Act requires the committee to prepare an annual report and the employer to include certain information about complaints in its own annual reporting, with the details depending on the type of organisation.
Set a calendar reminder for the annual report and for the end of each member's term, so the committee never lapses without anyone noticing.
Every guide ends here rather than in a summary. If a line below is not true yet, that is the next thing to do.
Under the POSH Act 2013, an employer with ten or more workers at an office or unit must constitute an Internal Committee there. Check the current Act and any state notifications for how this applies to you.
Yes. The Act requires one member from outside the organisation, such as someone from an NGO committed to the cause of women or a person familiar with sexual harassment issues. Verify the qualification rules in the current rules.
The Act addresses situations where a senior woman employee is not available at a particular unit. The exact provision should be checked with an adviser before you nominate.
The Act permits conciliation at the complainant's request, but states that monetary settlement cannot be the basis of conciliation.
No. It summarises the committee's set-up and procedure for orientation. Confirm composition, time limits and reporting duties against the current Act and rules with a qualified adviser.
The checklist above is generic by necessity. Bring your own structures, states and rota and we will tell you which lines are already true and which are not.
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