POSH Policy Drafting & Internal Committee Setup in India
A POSH policy and a properly constituted Internal Committee are the two foundational requirements of POSH Act compliance, without them, an employer with 10 or more employees is in violation of the Act from the day it crosses the employee threshold. A POSH policy copied from a generic template without reference to the company’s actual workplace, industry, and employee profile fails to serve its purpose: employees do not connect the document to their real work environment, IC members do not understand the jurisdiction of their role, and the policy does not reflect the employer’s genuine commitment to a harassment-free workplace. Y&A Legal drafts POSH policies that are specific, practical, and legally compliant and constitutes Internal Committees for companies across India, including sourcing qualified external members for companies that cannot independently identify one. We do not hand over a policy document and leave; we brief the IC, provide template documents, and remain available when a complaint is actually received.
[Image placeholder: Lawyer reviewing a POSH policy document with a company’s HR team in an office setting, conveying precise and practical compliance advisory, real photo to replace at launch]
POSH Policies
Drafted & implemented
ICs Constituted
Internal Committees set up
Pan-India
Companies of all sizes
How We Help
POSH Policy Drafting
A legally compliant POSH policy must cover: the definition of sexual harassment under the Act, including quid pro quo harassment and hostile work environment harassment; the scope of the policy (employees, contractual workers, interns, and visitors); the IC’s composition and contact details; the process for filing a complaint and the three-year timeframe for doing so; the inquiry process and the IC’s powers; interim relief provisions for the complainant during an inquiry; the range of penalties applicable to a guilty respondent; and the employer’s commitment to confidentiality and non-retaliation. The policy must be displayed prominently at the workplace and communicated to all employees at induction. We draft policies in plain language that employees can actually read and understand.
Internal Committee (IC) Constitution
Constituting the IC correctly is essential, an IC that does not meet the composition requirements of the POSH Act is not a valid IC, and complaints received by an improperly constituted IC are vulnerable to challenge. We advise on the IC’s composition (Presiding Officer qualifications, employee member selection, external member requirements), draft the IC constitution order formally establishing the committee, prepare appointment letters for each member, brief all IC members on their role and obligations under the Act, and advise on the three-year term limit and the process for renewing or rotating members when terms expire.
IC Member Training & Orientation
IC members who do not know how to conduct an inquiry cannot fulfil their role effectively and a procedurally flawed inquiry exposes both the IC members and the employer to legal challenge. We conduct a dedicated IC member orientation covering the full inquiry process under the POSH Act: receiving a complaint and issuing acknowledgement; the IC’s powers (equivalent in certain respects to a civil court); conducting examination of the complainant, respondent, and witnesses separately; evaluating evidence; managing the inquiry within the 90-day timeline; writing the inquiry report; and recommending action to the employer. We also cover the most common procedural errors that make inquiry reports vulnerable to legal challenge.
Complaint Mechanism & Grievance Protocols
Beyond the policy and IC, the mechanism for raising a complaint must be genuinely accessible, employees must know who the IC members are, how to file a written complaint, and that they will not face retaliation. We advise on the complaint mechanism design: the contact point for complaints, the template complaint form, the IC’s acknowledgement process, and the protocol for handling anonymous concerns or informal disclosures. We also draft the template documents the IC needs from day one, complaint form, acknowledgement letter, inquiry notice format, and inquiry report template, so the IC is operationally ready, not just formally constituted.
Why Companies Choose Y&A Legal for POSH Policy Drafting & IC Setup
A POSH policy that meets the bare minimum legal requirements but does not reflect the company’s actual workplace is a liability when a complaint arrives. A document that does not clearly describe the complaint process or the IC’s jurisdiction creates confusion for the complainant, the IC, and the employer and can be used by a respondent to challenge the inquiry’s validity. We draft policies that are specific to the company’s industry, employment structure, and workplace, so the document is genuinely useful when it matters most.
The external member requirement for the IC is one of the most commonly overlooked elements of POSH compliance. Many companies constitute an IC without an external member, or appoint someone who does not meet the Act’s qualifications, which invalidates the IC. We source and appoint external members who meet the Act’s requirements, brief them on the company and workplace context, and manage the appointment process and term renewal.
IC setup is only the beginning. An IC needs to be ready to function when a complaint is received, not scrambling to understand its own procedures. We conduct the IC orientation, provide all template documents, and remain available to advise the IC when a complaint is actually received. For companies on a legal retainer, ongoing IC support is built into the engagement so there is always a lawyer available when the IC needs guidance.
Frequently Asked Questions
What must a POSH policy include under the Act?
A POSH policy must include: the definition of sexual harassment under the POSH Act (including quid pro quo harassment and hostile work environment); the employer’s statement of commitment to a harassment-free workplace; the scope of the policy (employees, contractual workers, interns, and visitors); the IC’s composition and contact details; the process for filing a complaint and the three-year timeframe; the inquiry process and IC powers; interim relief provisions; the range of penalties applicable to a guilty respondent; and the employer’s commitment to confidentiality and non-retaliation. The policy must be displayed prominently at every workplace location.
How should an Internal Committee be constituted under the POSH Act?
The POSH Act requires the IC to include: (1) a Presiding Officer, a senior woman employee at the workplace, or from another workplace of the same employer if no suitable person is available at that location; (2) at least two members from among employees, preferably committed to women’s welfare or having legal knowledge or experience in social work; and (3) one external member from an NGO or association committed to women’s causes, or a person familiar with sexual harassment issues. The Presiding Officer and at least half the IC members must be women. All IC members serve a maximum term of three years and are eligible for re-appointment.
What qualifications does the external IC member require?
The POSH Act requires the external member to be from an NGO or association committed to the cause of women, or a person familiar with issues relating to sexual harassment. In practice, the external member should have experience handling workplace sexual harassment complaints, knowledge of the POSH Act’s inquiry procedures, and the ability to provide an independent and objective perspective, particularly important in smaller workplaces where all internal IC members may know both the complainant and the respondent personally. The external member is entitled to fees from the employer for attending IC proceedings and is not an employee of the company.
What is the three-year term limit for IC members and how does renewal work?
Every IC member, including the Presiding Officer and the external member, serves a maximum of three consecutive years. After three years, the member must either be replaced or, if re-appointed, treated as a fresh appointment. The employer must track IC members’ appointment dates and initiate renewal or replacement before terms expire. An IC that has members serving beyond their three-year term without re-appointment is technically improperly constituted. We track IC member terms for our clients and advise on renewal timing.
What is the role of the external IC member during an inquiry?
The external IC member participates in the inquiry alongside the Presiding Officer and employee members, they have the same powers as other IC members, including calling witnesses, examining evidence, and co-signing the inquiry report. Their primary function is providing an independent, objective perspective that reduces the risk of bias, particularly in smaller workplaces where all internal members may have prior relationships with the parties. During an inquiry, the IC, including the external member, has the powers of a civil court for summoning and examining witnesses and requiring production of documents.
Related POSH Compliance Services
- POSH Compliance Services in India
- POSH Training & Compliance Audits
- Contract Drafting & Review Services
Written by Yuvraj Rana, Advocate & Co-Founder, Y&A Legal