POSH Compliance Services in India
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, the POSH Act, requires every employer in India with 10 or more employees to formulate a POSH policy, constitute an Internal Committee (IC) at each workplace, and conduct orientation and awareness programmes for employees. The IC is responsible for receiving, inquiring into, and redressing complaints of sexual harassment at the workplace. Failure to comply exposes employers to fines of up to Rs. 50,000 for a first offence, doubled penalties for repeat non-compliance, and cancellation of business licences and significantly worsens the employer’s position if a complainant goes public or approaches the District Officer. Y&A Legal advises companies across India on full POSH compliance: drafting the POSH policy, constituting the IC with the correct composition including a qualified external member, conducting employee awareness training and IC member training, and supporting the IC with ongoing annual compliance and complaint advisory.
[Image placeholder: HR team and lawyer reviewing a POSH compliance policy document in a corporate office, conveying professional workplace compliance advisory, real photo to replace at launch]
POSH Act 2013
Mandatory for 10+ employee companies
ICs Constituted
Internal Committees set up
Pan-India
Companies across India
How We Help
Internal Committee (IC) Constitution & Setup
The POSH Act requires every employer with 10 or more employees to constitute an IC at each workplace. The IC must have a minimum of four members: a Presiding Officer (a senior woman employee), at least two employee members (one preferably committed to the cause of women or with legal knowledge), and at least one external member from an NGO committed to women’s causes or a person with relevant legal or social work experience. We advise on IC composition, draft the IC constitution order, prepare appointment letters, brief all members on their roles and obligations, and source qualified external members for companies that cannot independently identify one.
POSH Policy Drafting
A POSH policy is the employer’s written statement of its commitment to a harassment-free workplace, the complaint mechanism, and the inquiry and redressal process. It must be prominently displayed at the workplace and communicated to all employees. A legally compliant POSH policy covers the definition of sexual harassment under the Act, the IC’s role and composition, the complaint process and timeline, interim relief provisions, penalties applicable to a guilty respondent, and the employer’s commitment to confidentiality and non-retaliation. We draft policies specific to each company’s workplace, not generic templates that employees cannot connect to their actual work environment.
POSH Training & Awareness Programmes
The POSH Act requires employers to conduct orientation and awareness programmes for employees and, separately, capacity-building programmes for IC members. Employee training covers the definition of sexual harassment, the complaint process, and what protections apply to complainants. IC member training covers the full inquiry process, receiving a complaint, conducting an inquiry in accordance with natural justice, examining evidence, and writing an inquiry report, because an IC that is untrained produces procedurally flawed inquiries that are vulnerable to challenge. We conduct both types of training, in-person or virtually, tailored to the company’s industry and team profile.
Annual Compliance & IC Support
POSH compliance is ongoing. The IC must submit an annual report to the employer and District Officer by 31 January each year. IC members serve a maximum three-year term and must be renewed. The employer must conduct periodic employee awareness training. When a complaint is actually received, the IC needs access to legal advice on the inquiry process. We support companies with IC annual reporting, term renewals, ongoing training, and real-time advisory when a complaint arrives, most efficiently as part of a legal retainer engagement.
Why Companies Choose Y&A Legal for POSH Compliance in India
POSH compliance is one of the most commonly overlooked areas of employment law for Indian startups and SMEs, not because employers are indifferent to workplace safety, but because the operational requirements (IC constitution, annual reporting, IC member training, term renewals) are easy to let slip in a growing business. We design POSH compliance programmes that are practical to implement and genuinely functional, not just formally present on paper.
The consequences of POSH non-compliance are severe when a complaint arrives in a non-compliant company. An employer without a functioning IC must direct the complainant to the District Officer’s Local Complaints Committee, a public forum and faces simultaneous exposure to regulatory penalties and civil liability. Proactive POSH compliance is a small fraction of the cost of responding to a complaint in a state of non-compliance.
Many companies treat POSH as a box-ticking exercise, they draft a policy, constitute an IC on paper, and never conduct training or hold IC meetings. The consequence is an IC whose members do not know how to conduct an inquiry when a complaint is received, and a policy that does not reflect the company’s actual workplace. We design programmes that are genuinely functional, and we remain available to support the IC when the situation requires it.
Frequently Asked Questions
What is the POSH Act and which companies must comply?
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 applies to every employer in India with 10 or more employees, including companies, LLPs, partnerships, NGOs, and government establishments. The Act protects women employees including permanent staff, contractual workers, trainees, interns, and visitors at the workplace. An “employer” under the Act includes any person responsible for management, supervision, and control of the workplace. Non-compliance is punishable by a fine of up to Rs. 50,000 for a first offence, doubled for subsequent offences, and cancellation of licences for repeated violations.
What is an Internal Committee and how is it constituted?
An Internal Committee is the body responsible for receiving and redressing workplace sexual harassment complaints. Every employer with 10 or more employees must constitute an IC at each office or establishment. The IC must include: a Presiding Officer, a senior woman employee at that workplace; at least two members from among employees, preferably committed to women’s welfare or with legal knowledge; and one external member from an NGO or association committed to women’s causes or a person with relevant legal or social work experience. The Presiding Officer and at least half the IC members must be women. IC members serve a maximum of three years.
What are the penalties for POSH non-compliance?
Penalties for POSH Act non-compliance include: a fine of up to Rs. 50,000 for a first offence; doubled fines for a subsequent offence within the same year; and cancellation or non-renewal of the employer’s business licences or registrations for repeated offences. Separately, the District Officer can direct the employer to pay compensation to the aggrieved woman in addition to any penalty. Where the employer has no functioning IC, the complainant may file directly with the Local Complaints Committee, a District Officer forum, which is a public proceeding that significantly increases reputational exposure.
Is POSH compliance required for startups and early-stage companies?
Yes. The POSH Act applies from the day an employer reaches 10 employees. There is no grace period based on the company’s age, revenue, or incorporation date. When a startup crosses the 10-employee threshold (counting contractual workers and trainees), it must immediately formulate a POSH policy, display it at the workplace, constitute an IC, and conduct an employee awareness programme. We advise startups on implementing POSH compliance efficiently when they cross the threshold, including for remote and hybrid workplaces where the definition of “workplace” is broader than it appears.
What does ongoing POSH compliance involve?
Ongoing POSH compliance requires: the IC’s annual report submitted to the employer and District Officer by 31 January each year; IC meetings held at reasonable frequency throughout the year; periodic refresher training for employees and IC members; appointment of replacement IC members when three-year terms expire; and updating the POSH policy when there are changes in the Act or the company’s structure. We support companies with all ongoing compliance obligations, most efficiently as part of a legal retainer engagement where POSH advisory is one component of a broader legal relationship.
Our POSH Compliance Services
- POSH Policy Drafting & IC Setup
- POSH Training & Compliance Audits
- Corporate Legal Services in India
- Legal Retainer Services for Startups
Written by Yuvraj Rana, Advocate & Co-Founder, Y&A Legal