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POSH Act compliance: what every employer with ten or more employees must do

Reviewed by Adv. Bhawani Shanker AtreyLast checked 5 minute read

The short answer

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 requires every workplace with ten or more employees to constitute an Internal Committee. A complaint must be made within three months of the incident, the inquiry must finish within ninety days, and the employer must act on the report within sixty days.

Threshold
10 or more employees
Complaint window
3 months, extendable by 3 months
Inquiry
To be completed within 90 days
Penalty for default
Up to ₹50,000; higher for a repeat default

Who sits on the Internal Committee?

  • A Presiding Officer, who is a woman employed at a senior level at the workplace.
  • At least two members from among employees, preferably committed to the cause of women or with experience in social work or legal knowledge.
  • One external member from a non-governmental organisation or a person familiar with issues of sexual harassment.

At least half the members must be women. Members hold office for up to three years. An employer with offices at several locations needs a committee at each.

What are the timelines in a complaint?

StepTime limitSection
Written complaint by the aggrieved woman3 months from the incident, extendable by 3 months9
Completion of inquiry90 days11
Inquiry report to the employer10 days from completion13
Employer to act on the report60 days13
Appeal90 days from the recommendations18

Before starting an inquiry the committee may, at the request of the complainant, attempt conciliation under Section 10. A monetary settlement cannot be the basis of conciliation.

What else must the employer do?

  • Display the penal consequences of sexual harassment and the committee's composition at a conspicuous place.
  • Adopt a written policy and bring it to the notice of every employee.
  • Hold awareness sessions for employees and orientation for committee members.
  • Assist the complainant if she chooses to file a criminal complaint.
  • Include the number of cases filed and disposed of in the annual report, and ensure the committee files its annual report with the District Officer.

What follows from non-compliance?

Under Section 26 an employer who fails to constitute an Internal Committee or breaches other provisions of the Act is liable to a fine of up to fifty thousand rupees. A second conviction attracts twice the punishment and may lead to cancellation of the licence or registration required to carry on business.

Sources

  • Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, Sections 4, 9, 10, 11, 13, 18, 19 and 26
  • Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013

This guide states the general legal position in India as on 14 November 2026. It is not legal advice. Time limits and outcomes depend on the facts and on later amendments and judgments. See the disclaimer, and read more on the firm's Labour and Employment practice.

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