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What does the POSH Act require of employers in India?

LiveRec EditorialUpdated

The POSH Act, formally the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, requires every employer with 10 or more employees to set up an Internal Committee, publish a zero-tolerance policy, run awareness programs, and file an annual report. Smaller workplaces fall under a district Local Committee.

Indian central rules as of 31 October 2026. This is general information, not legal advice.

At a glance

  • Enacted on 9 December 2013, per PIB.
  • Internal Committee (IC): mandatory where you have 10 or more employees.
  • Local Committee (LC): set up by the District Officer in every district for workplaces with fewer than 10 employees or complaints against the employer.
  • Complaint window: 3 months, extendable by another 3 months for valid reasons. Inquiry: within 90 days.
  • First-violation fine: Rs 50,000, doubled for repeat violations, with possible licence cancellation or non-renewal.

Who is protected?

The Act protects every woman at work, irrespective of age or employment status, in public and private sectors, organized and unorganized, including domestic workers. It also covers women who visit a workplace in connection with work. Coverage is not limited to permanent staff, so interns, contract and fixed-term women workers on your premises should be treated as covered.

When do you need an Internal Committee?

Count everyone who works for you, not only permanent staff. At 10 or more, an Internal Committee is mandatory. The IC receives complaints, runs the inquiry and recommends action. The rules on who may sit on the committee are in the Act and the Ministry of Women and Child Development's handbook, so read them before you appoint members.

If your workplace has fewer than 10 employees, or the complaint is against the employer, the Local Committee handles it. The employer's duty then is to cooperate and make sure staff know how to reach the LC.

What must the employer do?

PIB lists the proactive duties: make all employees aware of the Act, make sure female employees know their rights, and maintain a zero-tolerance approach. In practice, that is:

  1. Write a policy stating what counts as sexual harassment, how to complain and what action follows.
  2. Constitute the IC and record the order appointing members.
  3. Display the policy and committee details where staff can see them, such as notice boards or the intranet.
  4. Run awareness sessions for employees and training for IC members, and keep attendance records.
  5. Support the inquiry: provide information, space and confidentiality.
  6. Act on the findings under service rules or the Act's rules, as the case may be.

The annual report

The Internal Committee (or Local Committee) prepares an annual report in the prescribed format and submits it to the employer or the District Officer. The District Officer forwards a brief consolidated report to the State Government. The Constitution of the IC is a mandatory disclosure for companies, via an amendment to the Companies (Accounts) Rules, 2014, per PIB.

Complaint process in brief

StageTimeline
Filing a complaintWithin 3 months of the incident, extendable by 3 months
InquiryComplete within 90 days
ActionUnder service rules or the Act's rules
False complaintsPenalties possible only if the inquiry proves malice

The Ministry of Women and Child Development launched the SHe-Box portal on 29 August 2024 as a single-window platform for women to file and track complaints online.

Common mistakes

  • Treating the IC as a formality with no trained members.
  • Counting only permanent staff when checking the 10-employee threshold.
  • Not telling staff who the committee members are or how to reach them.
  • Skipping the annual report because no complaint arrived. Ask your adviser how to report a year with no cases.

Link the policy from your appointment letter and onboarding: see the appointment letter template and what the Labour Codes change for employers. For a short definition, see the POSH glossary entry. For the full hiring process, see how to hire in India.

FAQ

Does POSH apply if I have fewer than 10 employees? The Internal Committee requirement starts at 10, but the Act still protects your staff. Complaints go to the Local Committee in your district.

Does POSH apply to remote workers? The Act's definition of workplace is broad, and the Ministry stresses coverage of any place visited in connection with work. Get advice for remote and hybrid teams.

Must the policy be in writing? PIB points to employer duties of awareness and zero tolerance. A written policy is the usual way to show both.

What if the complaint is against the employer? It goes to the Local Committee.

Who monitors compliance? The Appropriate Government, which can request information and authorize inspections of records and workplaces.

Sources

See front matter. Accessed 31 October 2026.

This is general information, not legal, tax or immigration advice. Rules change and your situation may differ. Consult a licensed attorney or qualified adviser.