Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 — when an Internal Committee is mandatory, what the policy must cover, training, annual reports and how POSH sits beside the Labour Codes.
By Kanoons Editorial Team · 12 min read · Last verified 2026-10-06
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Summary
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 — POSH — is still a standalone compliance stack. If you have 10 or more workers, you need a living Internal Committee, a communicated policy, training, and annual reporting — not a one-time PDF. The four Labour Codes do not absorb these duties. Verified against the POSH Act / Rules framework and common employer practice notes on 6 October 2026.
- ≥ 10 workers → constitute an Internal Committee with the statutory mix (including external member).
- Publish / display the policy and IC details; run awareness programmes.
- Inquire within the Act’s timelines; protect against retaliation.
- File the annual report / disclosures your State / Rules path requires.
- Service path: POSH Compliance.
Employer duties in plain language
| Duty | What “done” looks like |
|---|---|
| Policy | Written POSH policy covering prohibition, complaint paths, interim relief, confidentiality |
| IC formation | Order constituting IC with eligible Presiding Officer, members, external member; vacancies filled |
| Display | IC composition and penal consequences displayed conspicuously |
| Training | Regular workshops for employees and IC members |
| Inquiry | Fair process, timelines, interim measures, reasoned report to employer |
| Action | Employer acts on recommendations; no victimisation |
| Reporting | Annual report with number of cases / disposal as required |
Remote and hybrid teams still count as workplaces when the Act’s definitions catch the arrangement — do not assume “we have no office” equals “no POSH”.
Internal Committee — composition traps
- Presiding Officer must be a woman employed at a senior level (rules address situations where a senior woman is not available at that workplace).
- External member is mandatory — an employee-only committee is non-compliant.
- At least half the members women.
- Keep acceptance letters, tenure dates and conflict-of-interest notes on file.
For workplaces with fewer than 10 workers, complaints go to the Local Committee notified by the district — your policy should still explain that path.
Mid-article CTA: Set up POSH policy and Internal Committee → Cross-sell: HR Policies, Labour Registers, Shop and Establishment, Payroll Processing.
Inquiry hygiene (high level)
1. Receive complaint in writing (assist if the complainant needs help reducing it to writing). 2. Acknowledge and assess interim measures (transfer, leave, no-contact directions as appropriate). 3. Follow natural-justice steps — notice, reply, hearings, documentation. 4. Complete within the Act’s timelines unless extended on recorded reasons. 5. Forward recommendations; employer implements and informs parties. 6. Maintain confidentiality duties under the Act.
Managers who “mediate informally” and delete email trails create liability. Train them to route complaints to the IC.
POSH beside other stacks
- Shop and Establishment — premises registration
- Labour Codes prep — wage / register redesign
- Startup legal agreements — employment contracts still need conduct / policy acknowledgements
Related reading on this site
- Labour Codes employer preparation
- Shop and Establishment registration
- Startup legal agreements checklist
- How to send a legal notice
Primary sources
- Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
- Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013
- State / district notifications for Local Committees
- Employer annual-return formats prescribed under the Act / Rules / local practice
Disclaimer
General information only — not legal or HR advice. Kanoons is not a law firm. IC composition, inquiry procedure and employer action on recommendations are fact-specific and sensitive; obtain independently qualified counsel for active complaints or litigation. See our Disclaimer.
Frequently asked questions
Which employers must constitute an Internal Committee (IC)?
Under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, every employer of a workplace with 10 or more workers must constitute an Internal Committee (often still called ICC in practice). Smaller workplaces use the Local Committee route at the district level for complaints.
Who sits on the Internal Committee?
The Act requires a senior woman employee as Presiding Officer, not less than two members from among employees committed to the cause of women / social work / legal knowledge, and one external member from an NGO or association committed to the cause of women or familiar with issues relating to sexual harassment. At least half the members should be women. Composition mistakes are a common audit failure.
Is a POSH policy enough?
No. Employers must also display the order constituting the IC, run awareness programmes, assist complainants, not victimise participants, and file the annual report / disclosures the Act and Rules require. A PDF policy in a drive folder without a live IC is not compliance.
Do the Labour Codes replace POSH?
No. POSH remains a separate central statute. Wage / IR / social-security / OSH Code work does not remove IC, policy or inquiry duties. See the labour-codes guide for the parallel track.
What are the risks of non-compliance?
The Act provides for monetary penalties on employers for failure to constitute IC or other non-compliance, with enhanced consequences for repeated breach, and broader reputational / litigation exposure when inquiries are mishandled. Treat POSH as board-visible compliance, not an HR brochure.