Prevention of Sexual Harassment at the workplace.
Set up and run an Internal Committee (IC), meet your statutory obligations and handle complaints fairly, under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
Who must form an IC, and who sits on it
Every employer with 10 or more employees at an office or branch must constitute an Internal Committee by written order. Workplaces below that size, or complaints against the employer, go to the Local Committee at the district level.
| Role | Requirement |
|---|---|
| Presiding Officer | A senior-level woman employee; if none is available, nominated from another office or organisation |
| Members (at least 2) | Employees committed to the cause of women, or with social work experience or legal knowledge |
| External member (1) | From an NGO or association committed to women’s causes, or a person familiar with sexual-harassment issues |
| Composition rule | At least half of the members must be women |
| Tenure | Not more than 3 years from the date of the order |
What the employer must do
Policy and notice
- Adopt a POSH policy and circulate it.
- Display a notice on penal consequences and the IC order at conspicuous places.
Training
- Hold workshops and awareness programmes at regular intervals.
- Orient IC members on their duties and inquiry procedure.
Facilities
- Provide a safe hearing space, records and assistance to the IC.
- Help the complainant file a police complaint if she chooses.
Follow-through
- Treat sexual harassment as misconduct under service rules.
- Act on the IC’s recommendations within 60 days.
Annual reporting
- IC submits an annual report to the employer and the District Officer.
- Companies disclose complaint numbers in the Board’s report as the rules require.
Cost of default
- Fine up to ₹50,000 for contravention; repeat offences attract higher penalty and possible cancellation of licence or registration.
From complaint to action
Timelines run under the Act and the 2013 Rules. Confidentiality of the parties’ identity and the proceedings must be maintained throughout.
- Written complaintThe aggrieved woman files a complaint with the IC within 3 months of the incident (or the last incident); the IC can extend by a further 3 months for reasons recorded. The IC helps her put it in writing if she cannot.Within 3 months
- Conciliation (optional)At her request, the IC may try to settle the matter before an inquiry. No monetary settlement can be the basis of conciliation.Before inquiry
- Notice to respondentIC sends a copy of the complaint to the respondent within 7 working days; the respondent replies within 10 working days.7 + 10 working days
- InquiryBoth parties are heard and may produce evidence and witnesses, following principles of natural justice and the service rules.Within 90 days
- Interim reliefOn request, the IC can recommend transfer, leave up to 3 months or other relief while the inquiry is pending.During inquiry
- Report and findingsIC gives its report to the employer and both parties.Within 10 days of inquiry
- Employer actionEmployer acts on the recommendation: disciplinary action and/or deduction of compensation from wages.Within 60 days
- AppealEither party may appeal in accordance with service rules or to the court or tribunal.Within 90 days
Common questions
Does the Act apply to small startups?
Yes. With fewer than 10 employees you do not need an IC, but complaints go to the district Local Committee and good practice is to have a policy anyway.
Do remote and hybrid staff count?
The workplace includes any place visited during employment, including transport and work-from-home arrangements linked to work.
Can an external consultant be a complainant?
The Act protects women working at the workplace in any capacity, including contract and visiting staff.
What records should the company keep?
The IC order, policy, training attendance, complaint file (kept confidential) and annual reports.