The PoSH Act, 2013 was enacted to ensure that every workplace in India functions with dignity, safety, and zero tolerance for sexual harassment. Any organisation with ten or more employees is legally required to create an Internal Complaints Committee (ICC/IC).
Yet, many employers struggle with questions like: who should be appointed, what documents are needed, and how the committee should actually function.
This guide explains the entire process in simple, practical language so that organisations can establish a compliant, confident, and well-trained ICC.
What the ICC Is and Why Every Workplace Needs One
An Internal Complaints Committee is the body responsible for receiving, examining, and resolving complaints of sexual harassment at work. It must operate with fairness, confidentiality, and within time-bound procedures.
Beyond fulfilling a statutory requirement, a properly functioning ICC strengthens workplace trust, encourages employees to report misconduct without hesitation, and helps organisations build a respectful and responsible culture.
A strong ICC is not just compliance — it is a commitment to employee safety and organisational integrity.
Composition of the ICC: Who Must Be Included
Every ICC must have at least four members and at least half must be women. The committee must include:
Presiding Officer
A senior woman employee who heads the committee. If no such person is available, the organisation must nominate a woman from another branch or unit.
Employee Representatives
At least two employees who are aware of workplace rights, equality principles, or social accountability. Their presence ensures empathy and balanced decision-making.
External Expert
A mandatory member from outside the organisation — preferably a lawyer, social worker, NGO representative, or a professional experienced in handling sexual harassment issues. Their role ensures neutrality and expertise.
A well-rounded committee improves transparency, builds trust, and reinforces compliance.
Steps to Form a Legally Compliant ICC
To create a functional and audit-ready ICC, employers should complete these steps:
1. Release an Official Order
Publish a formal document announcing the formation of the ICC with names, roles, and contact details of all members. Display it prominently at the workplace and circulate it to employees.
2. Issue Appointment Letters
Nominate each member through an official letter. Members should confirm their acceptance in writing. These records must be maintained for compliance checks.
3. Conduct Training for Members
Each member should undergo training covering complaint-handling procedures, inquiry rules, documentation, confidentiality, ethical conduct, and legal responsibilities under the PoSH Act.
4. Inform Employees Clearly
Employees must know who the ICC members are and how they can file complaints. This builds trust and ensures accessible redressal.
Responsibilities of ICC Members
Committee members must:
- Receive and acknowledge complaints sensitively
- Review whether the complaint falls under the scope of the PoSH Act
- Conduct inquiries impartially and maintain strict confidentiality
- Document every step of the process
- Submit findings and recommendations to the employer
- Prepare the annual report detailing complaints received, pending, resolved, actions taken, and trainings conducted
ICC members must avoid bias, disclose conflicts of interest, maintain timelines, and handle proceedings with respect and fairness.
The Inquiry Process Followed by ICC
The ICC follows a defined procedure which includes:
- Filing of the complaint
- Acknowledgment and preliminary review
- Notices to both parties
- Collection of evidence and witness statements
- Hearings conducted with neutrality
- Findings based on available facts
- Recommendations for appropriate action
- Completion of inquiry within the statutory timeline
This structured process ensures transparency and fairness at every stage.
How Employers Can Strengthen ICC Functioning
Employers play a key role in ensuring that the ICC remains active and compliant. They should:
- Provide ongoing PoSH training for employees and ICC members
- Conduct regular audits of PoSH documentation and records
- Update the ICC order whenever member appointments change
- Encourage a culture of non-retaliation and respect
- Review inquiry processes to maintain accuracy and fairness
Non-compliance penalties include:
- Fines up to ₹50,000
- Higher penalties and potential cancellation of business licence for repeated violations
Strong compliance protects both employees and the organisation.
Conclusion
A well-structured and trained Internal Complaints Committee forms the foundation of PoSH compliance. When employers understand the formation rules, responsibilities, and inquiry procedures, they create a safer environment where employees feel secure and empowered.
Regular audits, strong training, and transparent communication ensure that the ICC operates effectively and contributes to a workplace built on respect and accountability.