POSH compliance is tested when a complaint arrives. The committee, policy, procedure, confidentiality controls and record must already be capable of supporting a fair inquiry.
Constitute the Internal Committee at each administrative unit. Document composition, tenure and external-member qualification.
The POSH Act requires an employer with the statutory employee threshold to constitute an Internal Committee in the manner prescribed by law. Multi-office organisations must examine the requirement at the level of each administrative unit or workplace. Composition, tenure, independence and the external-member qualification should be documented rather than assumed.
A defensible framework includes a current policy, complaint channels, committee charter, conflict protocol, inquiry templates, confidentiality controls, awareness programme, annual reporting process and employer decision workflow. Remote work, client premises, travel and digital communications should be addressed in the operating policy.
When a complaint is received, procedural fairness and confidentiality become immediate obligations. AMLEGALS can advise the employer or the committee, subject to role clarity and conflict review, on jurisdiction, limitation, interim measures, notices, hearing procedure, evidence, examination, report structure and implementation of recommendations.
The external member independent statutory role should not be blurred with the role of management counsel or inquiry advocate in the same matter. At the outset, the organisation should document who advises the employer, who supports the committee and who makes the final employer decision.
A POSH audit tests more than whether a policy exists. It verifies committee constitution across locations, member tenure, training records, policy acknowledgements, display requirements, complaint handling, annual reports, district filings where applicable and preservation of confidential records.
The audit output links each requirement to evidence and remediation. Sensitive case files should be access-restricted, retained under an approved schedule and separated from general personnel records.
The following official sources support the legal positions summarised on this page and should be consulted for the current statutory text, procedure and notifications.
Content reviewed by the AMLEGALS Labour and Employment team. Law reviewed as of: 21 July 2026. This page is general information about legal processes in India and is not legal advice. A formal opinion requires review of the specific facts and documents.
Short, direct, on the record.
The POSH Act requires constitution where the statutory threshold is met. Organisations with multiple offices or administrative units should assess constitution at each relevant unit or workplace.
The roles should remain independent. Combining statutory committee membership with advocacy for management in the same matter can create conflict and procedural-fairness concerns.
Yes. Complaint identity, proceedings, recommendations and related information are subject to statutory confidentiality restrictions. Access and communications should be tightly controlled.
It should test committee validity, policy, training, complaint channels, case procedure, annual reporting, display and record controls across all applicable locations.
Share the relevant order, notice, contract or present compliance position for a confidential preliminary scope discussion.