POSH compliance for small businesses in India
Small-employer POSH checklist for India: when an Internal Committee is required, how the Local Committee works and the duties every employer must meet.
In this guide
The short answer: a small headcount does not remove the duty to prevent harassment
Under India's Sexual Harassment of Women at Workplace Act, an employer must provide a safe workplace and take the steps required by law. An Internal Committee (IC) is required at a workplace or administrative unit with ten or more employees. Where an IC is not constituted because the establishment has fewer than ten workers, or when a complaint is against the employer, the Act provides a Local Committee route in the district. Check the count and location of each unit with a qualified adviser.
Count employees across the actual workplace and its units
The Act uses a broad definition of employee, which can include people engaged directly or through an agent or contractor and people working with or without remuneration in circumstances covered by the statute. Do not count only permanent payroll staff without review. Where the employer has offices or units at different locations, confirm whether an IC is required for each and identify the correct Local Committee for any uncovered workplace.
Constitute an Internal Committee at ten or more employees
The Act prescribes the IC's composition, including a senior woman employee as Presiding Officer, employee members and an external member with relevant experience; women must form at least half of the membership. Issue a written order, check eligibility and tenure, train members and keep the current contact details accessible. Do not ask a friend or an untrained manager to conduct an inquiry in place of the statutory committee.
Find the Local Committee when the IC route does not apply
The District Officer must constitute a Local Committee to receive complaints from establishments with fewer than ten workers and complaints against the employer. Find the current district contact through the state or district administration and confirm submission method, language and accessibility. SHe-Box is a central online complaint and monitoring portal, but it should not be treated as permission to ignore the legally designated committee or its process.
| Action | Owner | Completed or next review |
|---|---|---|
| Map every office, worksite and type of worker | ||
| Confirm IC threshold and identify Local Committee contact | ||
| Issue IC order and verify composition where required | ||
| Publish policy, contacts and complaint process in accessible languages | ||
| Train staff and committee; plan prevention and awareness | ||
| Secure records, confidentiality and annual reporting calendar |
Prevent harassment and make the reporting route real
Adopt and communicate a clear workplace policy
State what conduct is prohibited, who can help, how a complaint may be made, how confidentiality is protected and what support and process a person can expect. Display the Act-required notices and committee details where workers can find them. Provide an accessible contact for employees who work remotely, at a client site, in a factory or at a temporary event.
Train managers and workers before an incident occurs
Explain respectful conduct, bystander response, non-retaliation, the IC or Local Committee contact and the difference between a support conversation and a formal inquiry. Train IC members on fair procedure and evidence handling. Keep attendance, materials, dates and follow-up actions so the employer can show the prevention steps it took.
Protect complainants, respondents and witnesses from gossip and retaliation
Share information only with people who need it for the statutory process. Do not circulate complaint details in a founders' chat, ask a complainant to confront the respondent, publish identities or punish someone for making or supporting a complaint. The Act provides confidentiality requirements; get advice on safety measures, interim relief, records and employment decisions in a particular case.
Respond lawfully when a complaint arrives
Acknowledge the person and preserve a fair process
Listen without deciding credibility on the spot. Share the appropriate committee contact, explain that the statutory process has timelines and confidentiality rules, and help the person submit information safely. Preserve relevant rosters, messages, access logs and workplace records without editing or deleting them. Keep a separate, secure file and limit who can see it.
Do not force informal settlement or make the complainant manage the response
The statute allows conciliation only at the aggrieved woman's request and sets conditions around that route. A founder, HR manager or investor should not pressure someone to withdraw, demand an apology as a substitute for inquiry or promise that a complaint will stay within the business. Refer requests for conciliation, interim measures, inquiry procedure or appeal rights to the proper committee and legal adviser.
Track committee reports and employer obligations
The Act sets out inquiry timelines, recommendations, employer action and reporting duties. Confirm who will track each deadline, communicate the committee's recommendation securely and include the required annual information. Avoid publishing case details while meeting reporting duties; ask counsel to reconcile confidentiality with the exact statutory return for the employer and its units.
Questions small employers ask about POSH
If we have fewer than ten employees, are we exempt from POSH?
No. The IC threshold changes which statutory committee receives a complaint; it does not erase the employer's prevention, safe-workplace and response duties. A qualifying complaint can go to the district Local Committee. Confirm the route with the District Officer or a lawyer familiar with the workplace and location.
What if the complaint is against the founder or owner?
The Act directs a complaint against the employer to the Local Committee. Do not have the person complained about select the investigator, control the records or pressure witnesses. Help the complainant reach the district route and obtain independent legal advice about preserving a fair process.
Can a policy or online training replace a committee?
No. A policy, training and reporting channel support compliance, but they do not replace a required IC or Local Committee process. Check the actual statute, rules, workplace structure and current district contacts; the WCD legislation page provides access to the Act and Rules.
Related practical guides
Related issue guides
Sources and publication record
Draft prepared 26 September 2026; project-team editorial review pending · Sources checked .
- Sexual Harassment of Women at Workplace Act, 2013India Code, Legislative Department
- Ministry of Women and Child Development: POSH Act, Rules and resourcesMinistry of Women and Child Development, Government of India
- SHe-Box workplace sexual-harassment complaint portalMinistry of Women and Child Development