PoSH

Does a company with 100 employees but no female staff still need to form an Internal Committee under the POSH Act, 2013?

3/13/2025

Yes, even if a company has no female employees, it is still required to form an Internal Committee (IC) under the POSH Act, 2013. This is because the act is designed to protect all women who may visit or engage with the workplace, not just employees. Here's why:
1. Scope of the Act: The POSH Act is aimed at preventing and addressing sexual harassment against women in the workplace, as highlighted in the preamble of the act. The protection is not limited to female employees; it extends to any woman who may visit the workplace, whether as a client, vendor, or any other role.
2. Definition of 'Aggrieved Woman': Section 2(a) defines an 'aggrieved woman' as someone who alleges sexual harassment, regardless of whether she is employed by the organization. This includes any woman of any age who comes into contact with the workplace, reinforcing that the act covers women beyond the company's employees.

3. Employer’s Obligation to Ensure a Safe Workplace: Section 19(a) obligates employers to provide a safe working environment for everyone who comes into contact with the workplace. This includes women who may be non-employees but are present at the workplace for various reasons.
4. Employer’s Obligation to Ensure Policy: Even if a company has only male employees, Rule 13 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013 makes it mandatory for the employer to create policies that consider the safety of women in general, not just employees. As part of ensuring a safe workplace, having an Internal Committee is essential to handle potential complaints and prevent sexual harassment incidents involving women visiting or interacting with the workplace.
5. Internal Committee Requirement: Section 4 of the POSH Act mandates the formation of an Internal Committee if the organization has 10 or more employees, regardless of the gender composition of the workforce. The IC is required to handle complaints related to sexual harassment and create a safe and gender-sensitive work environment.
Thus, a company with 100 employees, even if all are male, is still legally required to form an IC to comply with the POSH Act, 2013. The rationale is to ensure that any woman who visits the workplace is protected under the act.

Disclaimer: This document is for educational purposes only and does not constitute legal advice.