POSH Compliance & External Member
Every Indian employer with ten or more employees must constitute an Internal Committee under the POSH Act, and that committee must include an external member from outside the organisation. I serve as that external member, and set up the compliance framework around it.
The problem
Most companies discover their POSH position is weak at exactly the wrong moment — when a complaint has already been filed. The Internal Committee was constituted on paper but never trained. The external member was appointed years ago and is unreachable. The annual report was never filed with the District Officer. By the time this surfaces, the organisation is defending both the complaint and its own non-compliance.
What this covers
- Appointment as the independent external member on your Internal Committee
- Constitution or reconstitution of the IC in the form the Act requires
- POSH policy drafted and aligned to your existing HR policy framework
- Awareness sessions for employees and separate orientation for IC members
- Procedural guidance through enquiry — notices, timelines, records, natural justice
- Annual report preparation for filing with the District Officer
- Manager briefings on what to escalate and what not to attempt to resolve informally
Why me for this
Twenty-four years in HR, including conducting domestic enquiries, issuing show-cause and disciplinary notices, and appearing as Management Representative in Labour Court. Enquiry procedure under the POSH Act rewards people who have actually run one.
Common questions
Who can be an external member on an Internal Committee?
The POSH Act requires a member drawn from a non-governmental organisation or association committed to the cause of women, or a person familiar with issues relating to sexual harassment. The member must be independent of the employer. In practice, companies appoint an experienced HR or legal professional who understands enquiry procedure, because the external member's role is substantive, not ceremonial.
Is an Internal Committee mandatory for a company with fewer than ten employees?
The obligation to constitute an Internal Committee applies at ten or more employees. Below that threshold, complaints are dealt with by the Local Committee constituted by the District Officer. Employers approaching ten employees should constitute the IC in advance rather than after crossing the line.
How often does the Internal Committee need to meet?
There is no minimum sitting frequency in the absence of complaints, but the committee must convene to conduct enquiry when a complaint is received, and the employer must file an annual report. Most well-run committees meet at least once or twice a year to stay current, review the annual report, and keep members familiar with procedure.
Can the external member attend meetings remotely?
Yes. Committee proceedings can be conducted virtually, which is how most engagements now run. This makes it practical to hold the seat for organisations outside your immediate city.
What happens if a company does not comply with the POSH Act?
Non-compliance carries monetary penalty, and repeat non-compliance can affect licences and registrations. The more immediate exposure is practical: a complaint handled by an improperly constituted or untrained committee is difficult to defend, and procedural defects in the enquiry tend to become the centre of any subsequent litigation.
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