The POSH Act Explained: Employer Duties, Internal Committee and Penalties (2026)
Quick answer: the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, known as the POSH Act, protects every woman at work in India, whatever her age or employment status. A workplace with 10 or more employees must set up an Internal Committee; smaller workplaces are covered by the district’s Local Committee. A complaint can be made within three months, and the inquiry must finish within 90 days. Non-compliance carries a fine of up to ₹50,000, doubled for a repeat, with possible cancellation of the business licence.
What is the POSH Act?
The POSH Act (POSH stands for Prevention of Sexual Harassment) was enacted on 9 December 2013. It turned the Supreme Court’s Vishaka guidelines of 1997 into law and gives every employer three duties: prevent sexual harassment, prohibit it, and provide a fair, time-bound way to redress complaints.
The Act applies to public and private workplaces, organised and unorganised, including domestic work. It protects women at the workplace whether they are employees, trainees, contract workers or visitors.
Who can make a complaint?
Any woman who faces sexual harassment at a workplace can complain, whatever her employment status. That includes:
- Permanent, contract and temporary employees, interns and trainees.
- Women working through a staffing agency at your premises.
- Visitors, vendors, clients and job candidates harassed at the workplace or during work-related activity.
- Domestic workers, through the Local Committee.
So yes, a woman who is not on your payroll, such as a vendor’s employee or a client, can file a POSH complaint if the incident happened at your workplace or in connection with work.
Who must comply, and how?
| Your workplace | Who handles complaints | Your duty |
|---|---|---|
| 10 or more employees | Internal Committee (IC) that you constitute | Form the IC, write a POSH policy, run awareness programmes, act on IC recommendations |
| Fewer than 10 employees | Local Committee (LC) set up by the District Officer | The Act still applies: have a policy, cooperate with the LC, prevent harassment |
| Complaint against the employer | Local Committee | Cooperate with the inquiry |
The Internal Committee must be constituted for each office or administrative unit with 10 or more employees, and it must include the external member the Act requires. A committee that exists only on paper does not meet the law.
What counts as sexual harassment?
Sexual harassment is any unwelcome act or behaviour of a sexual nature, whether physical, verbal or non-verbal. It includes:
- Physical contact and advances.
- A demand or request for sexual favours.
- Sexually coloured remarks.
- Showing pornography.
- Any other unwelcome physical, verbal or non-verbal conduct of a sexual nature, including messages over chat, email or video calls connected to work.
Implied promises of better treatment, threats about someone’s job, or creating a hostile work environment linked to such conduct can also amount to sexual harassment.
How a POSH complaint works
| Step | Time limit |
|---|---|
| Written complaint to the Internal or Local Committee | Within 3 months of the incident, extendable by another 3 months for valid reasons |
| Inquiry by the committee | Completed within 90 days |
| Action if the complaint is proved | As per service rules or the POSH Rules |
| Annual report by the committee | Every year, to the employer or the District Officer |
A complaint can also be filed online on the Ministry of Women and Child Development’s SHe-Box portal, which forwards it to the right Internal or Local Committee and lets the complainant track it. Complaints found to be false and malicious can attract action, but a complaint that simply cannot be proved is not false.
What has changed in 2025 and 2026
The Act’s core rules have not changed. What has changed is how closely compliance is checked:
- SHe-Box portal (August 2024): workplaces upload Internal Committee members, annual reports and records of awareness and training sessions.
- Supreme Court directions: on 3 December 2024 the Court directed every State and UT to survey public and private workplaces for Internal Committees and upload the details to SHe-Box. On 12 August 2025 it asked district Labour Commissioners to help with these surveys.
- Company disclosures: companies must state in the Board’s report that an Internal Committee has been constituted, and a 2025 amendment to the Companies (Accounts) Rules added complaint numbers to that disclosure.
In practice this means an Internal Committee that is missing, incomplete or untrained is now far more likely to be found.
POSH compliance checklist for employers
- Internal Committee constituted, with the required external member, for every office with 10 or more employees.
- A written POSH policy shared with every employee.
- Committee names and contact details displayed at the workplace.
- Workshops and awareness programmes for employees, and training for committee members, at regular intervals.
- Annual report prepared by the Internal Committee.
- Internal Committee details, annual reports and training records uploaded on SHe-Box.
- For companies: the POSH disclosure in the Board’s report.
Penalties for not complying
An employer who fails to constitute an Internal Committee, fails to act on its recommendations or breaks other provisions of the Act faces a fine of up to ₹50,000. A repeat violation doubles the penalty and can lead to cancellation or non-renewal of the business licence or registration. Weak compliance also exposes the business to claims, reputational damage and loss of trust among employees.
Frequently asked questions
Is the POSH Act mandatory for companies with fewer than 10 employees?
Yes. The Act applies to every workplace. Only the duty to set up an Internal Committee starts at 10 employees; smaller workplaces are covered by the district’s Local Committee.
Can a non-employee, such as a vendor or client, file a POSH complaint?
Yes. The Act protects any woman at the workplace, whatever her employment status, so a visitor, vendor or client can complain if the incident happened at the workplace or in connection with work.
When did the POSH Act come into force?
The Act was enacted on 9 December 2013, building on the Supreme Court’s Vishaka guidelines of 1997.
Is there a POSH Act amendment in 2026?
The Act’s core rules are unchanged. Recent changes came through Supreme Court directions, the SHe-Box portal and the Board’s report disclosure under company law.
What is the penalty for not having an Internal Committee?
A fine of up to ₹50,000. A repeat offence doubles the penalty and can lead to cancellation of the business licence.
Sources: Ministry of Women and Child Development and PIB, “Safeguarding Women at Work: An Overview of SH Act 2013 and SHe-Box Portal” (12 February 2026); SHe-Box portal (shebox.wcd.gov.in). This page explains the law in general terms; take advice for specific cases.
Make your workplace POSH-ready with TMS
POSH compliance sits alongside your other HR and labour-law duties. TMS can help with:
- Statutory compliance: POSH, PF, ESIC and labour-law filings kept audit-ready.
- HR outsourcing: Internal Committee set-up, policies and complaint handling managed end to end.
- HR consulting: guidance to build a safe, compliant workplace.