POSH Compliance FAQ

These are the questions we hear most often from HR teams, founders, and in-house counsel — answered directly, with links to deeper guides where the topic genuinely needs more than a short answer.

Does the POSH Act apply to my organisation?

If you have 10 or more employees, you must constitute an Internal Committee. Under 10, you're not required to form your own IC, but your employees are still protected — complaints go to the district's Local Committee instead. Full detail: Is POSH compliance mandatory for offices with under 10 employees?

What is an external ICC member, and why is it mandatory?

Every Internal Committee must include one independent member from outside the organisation — typically from an NGO or someone with genuine sexual-harassment-related expertise. Without a properly qualified external member, the committee isn't validly constituted, and its findings can be challenged. We provide this service to organisations across India — see also our full guide to IC composition.

Are interns, contractors, and gig workers covered under POSH?

Yes. The Act's definition of "employee" is deliberately broad — it explicitly includes contract workers, trainees, and probationers, and covers interns whether paid or unpaid. Full detail: Who is covered under POSH.

Does POSH cover incidents outside the office — client visits, travel, offsite events?

Yes. "Workplace" under the Act extends to any place visited in connection with employment, including client premises, business travel, and company-sponsored events. Full detail: Does POSH apply on work trips, client sites, and off-site events?

What's the timeline for completing a POSH inquiry?

The Internal Committee must complete its inquiry and submit a report within 90 days of receiving the complaint. The employer then has a further 60 days to act on the recommendations. Full detail: The POSH inquiry timeline.

Can a complaint be filed anonymously?

Not fully anonymously — the respondent needs to know who is making the allegation for the inquiry to be fair. But identity and case details are protected by a strict confidentiality requirement under Section 16, breach of which is itself a punishable offence. Full detail: Anonymous and third-party complaints under POSH and confidentiality under Section 16.

Can a founder or promoter be named in a complaint?

Yes — nothing exempts leadership. Complaints against the employer, founder, or promoter are routed to the district Local Committee rather than the company's own IC, specifically to preserve impartiality. Full detail: Founders and promoters under POSH.

What happens if we don't comply?

A first violation carries a fine of up to ₹50,000. Repeat non-compliance can result in double the penalty or cancellation of business licences and registrations — a consequence far more serious than the fine itself. Full detail: Penalties for POSH non-compliance.

Is POSH training legally mandatory, and how often?

Yes, under Section 19 — "regular" sensitisation is required, and the number of sessions conducted must be disclosed in your annual report. Most organisations run this annually, plus onboarding for new joiners. Full detail: Is POSH training mandatory? — and see our training programmes.

What does the annual report to the District Officer need to include?

Number of complaints received and disposed, cases pending beyond 90 days, and training or awareness sessions conducted — filed to the District Officer each calendar year. Full detail: Filing the annual POSH report. We also help prepare this filing as part of our documentation services.

Still have a question that's not answered here?

These cover the questions we're asked most often, but POSH compliance questions are rarely one-size-fits-all — the right answer usually depends on your specific headcount, structure, and workforce mix. For a straight answer to your situation, get in touch, or explore our full POSH compliance guides and legal advisory services.