Section 4, POSH Act 2013 — The Internal Committee at 10 Employees

What the section does

• Every employer of a workplace with ten or more workers must, by written order, constitute an Internal Committee.
• The count takes in workers of every kind — full-time, part-time, contractual, probationary, ad hoc, and those engaged through a contractor.
• The Presiding Officer must be a woman employed at a senior level at the workplace, with at least two members from among employees committed to the cause of women or having relevant legal or social work experience.
• At least one member must be from a non-governmental organisation or association familiar with issues relating to sexual harassment, and at least half the total members must be women.

Failure to constitute

Up to ₹50,000. Under s.26, with licence cancellation or non-renewal possible on a repeat contravention.

Where people go wrong

• Counting only payroll employees. Contract and part-time workers count towards the ten.
• Omitting the external member. It is mandatory, and a committee without one is not properly constituted.
• Constituting it informally. Section 4 requires a written order.
• Skipping the annual report because there were no complaints. A nil report is still a report under s.21.

Common questions

At how many employees is a POSH Internal Committee mandatory?

Ten. Section 4 of the POSH Act, 2013 requires every employer of a workplace with ten or more workers to constitute an Internal Committee by written order, counting workers of every kind including contractual and part-time.

Is an external member compulsory on the Internal Committee?

Yes. Section 4 requires one member from a non-governmental organisation or association committed to the cause of women, or a person familiar with issues relating to sexual harassment. A committee constituted without one does not meet the section.

What is the penalty for not constituting an Internal Committee?

A fine of up to ₹50,000 under section 26, and on a repeat contravention, twice the punishment along with possible cancellation or non-renewal of the licence or registration required to carry on the business.

Act on this

• POSH compliance at 10 employees
• Internal Committee constitution order
• POSH annual report

• POSH compliance at 10 employees
• Internal Committee constitution order
• POSH annual report

About this summary

A plain-English summary of what this provision requires, not a reproduction of it and not legal advice. Read alongside the bare Act, and take advice on anything turning on your own facts.