01Is PoSH compliance mandatory for all companies in India?
Yes. Under Section 4 of the PoSH Act, 2013, any organization with 10 or more employees must constitute an Internal Committee (IC) in writing. This applies to private companies, startups, and NGOs, not just large corporates.
02What is the minimum composition of an Internal Committee (IC) under PoSH?
An IC needs a minimum of 4 members: a woman Presiding Officer (senior-level employee), at least 2 employee members, and 1 external member from an NGO or with legal/social work experience. At least 50% of members must be women.
03What is the penalty for PoSH Act non-compliance?
Failure to constitute an IC can attract a fine of up to ₹50,000, doubled for repeat violations, and possible cancellation of the business license. Courts have also invalidated harassment inquiries conducted by improperly constituted committees.
04What is the deadline for filing the PoSH annual report?
Every IC must submit an annual report to the District Officer under Section 21 and Rule 14, typically by January 31 for the preceding calendar year. It must cover complaints received, resolved, pending beyond 90 days, and training conducted.
05What is the maximum duration to complete a PoSH Inquiry?
The IC must complete its inquiry within 90 days from the date the complaint is received.
06How to register a PoSH complaint?
A written complaint must be submitted to the Internal Committee within 3 months of the incident. If the complainant cannot write it herself, the IC must provide reasonable assistance in preparing it. Compliance Cart lets employees log complaints directly through the platform, so nothing gets lost in email threads or manual paperwork, and the IC gets a timestamped record automatically.
07Is PoSH training mandatory for employees, and how often?
Yes. Employers must conduct PoSH awareness and IC-member training regularly under the Act, though no fixed frequency is prescribed by law. Most compliance experts recommend at least once a year for all employees and separately for IC members.
08Who is exempt from PoSH compliance?
No organization is exempt from the Act itself, but companies with fewer than 10 employees fall under the Local Complaints Committee (LCC) mechanism instead of forming their own IC.
09What records does a company need to maintain for PoSH audits?
Employers must retain the IC's complaint records, inquiry reports, training logs, and annual reports filed with the District Officer. These records are the primary evidence checked during a compliance audit or legal challenge. Compliance Cart keeps all of this in one repository, so audit-readiness is a matter of pulling a report rather than reconstructing files from scattered folders.
10How long does it take to set up PoSH compliance for a new company?
Setup includes constituting the IC, drafting the policy, and conducting initial training, typically 2 to 4 weeks manually. Compliance Cart compresses this to about a week by templating the IC formation order, policy documents, and training schedule, so new companies aren't stuck chasing paperwork before they're compliant.