Quick answer: In most multi-location set-ups, yes. Section 4(1) of the POSH Act says that where the offices or administrative units of a workplace are located at different places, or at divisional or sub-divisional level, the Internal Committee shall be constituted at all administrative units or offices. So plan one committee for each such office, not one for the whole company.
What does the Act say about offices at different places?
Section 4(1) first requires every employer of a workplace to constitute an Internal Committee by an order in writing. Then comes the proviso, which is the part that matters for you. In the words of the Act:
“Provided that where the offices or administrative units of the workplace are located at different places or divisional or sub-divisional level, the Internal Committee shall be constituted at all administrative units or offices.”
The word “shall” leaves no room for choice. The Act does not say the committee must sit in the head office, and it does not say one central committee can cover branches elsewhere. It says “all administrative units or offices”.
What counts as a “workplace” under the Act?
Section 2(o) defines “workplace” broadly. For private employers, it includes any private sector organisation, venture, undertaking, enterprise, institution, establishment, society, trust, non-governmental organisation, unit or service provider carrying on commercial, professional, vocational, educational, entertainmental, industrial, health services or financial activities. For government bodies, it lists any department, organisation, undertaking, establishment, enterprise, institution, office, branch or unit.
It also includes hospitals and nursing homes, sports venues, and “any place visited by the employee arising out of or during the course of employment including transportation by the employer for undertaking such journey”. A “dwelling place or a house” is listed too.
Do branches, factories, sites and shared buildings each need one?
Read the two provisions together. A branch, a factory or a regional office that works as an administrative unit or office of your workplace is covered by the proviso to section 4(1), which points to a committee there. Section 2(o) contains no size or duration exemption, and whether a small or temporary site counts as an administrative unit is a question to settle with your legal adviser.
Shared office buildings need thought. If you rent a floor in a building that houses several employers, section 4(1) places the duty on every employer of a workplace. The Act does not address sharing a committee with a landlord or neighbour, so the safe course is your own committee, constituted by your own order in writing.
What about remote and hybrid staff?
The Act does not use the words “remote” or “hybrid”. But section 2(o) covers any place visited by the employee in the course of employment, and a dwelling place or a house, and the better reading is that an employee working from home is not outside the Act merely because the desk is at home. The Act does not decide the point in terms, so ask your legal adviser if it matters to you. In plain words, such staff should be able to reach the committee of the office they report to, and your policy should say which one that is. The Act does not tell you how to assign them, so treat the assignment as a policy choice you document.
What are the practical options for a multi-location employer?
Here is what the Act requires and what is only good practice.
| Question | Act requires | Good practice (not a stated requirement) |
|---|---|---|
| Committee at each office or administrative unit | Yes, s.4(1) proviso | Name the office each committee serves in the written order |
| Written order constituting the committee | Yes, s.4(1) | Keep dated orders for every location on file |
| Presiding Officer a senior woman employee | Yes, s.4(2)(a) | Plan a back-up before the term ends |
| Link remote staff to a named committee | Not spelt out in the Act | State it in your policy and in the induction pack |
| Same external member across committees | Not addressed in the Act | Check each person can give real time to each committee |
| Common training and record formats | Not stated | Use one format so reports are comparable |
Whatever you choose, be able to show which committee serves which office, and that every employee knows how to reach it.
How must each committee be put together?
Section 4(2) sets the composition, and it applies to each committee you form.
- Presiding Officer: a woman employed at a senior level at the workplace, from amongst the employees. If no senior woman is available, the first proviso allows nomination from other offices or administrative units; the second proviso then allows any other workplace of the same employer, or another department or organisation.
- Employee members: not less than two, preferably committed to the cause of women or with experience in social work or legal knowledge.
- External member: one from non-governmental organisations or associations committed to the cause of women, or a person familiar with issues relating to sexual harassment.
- Women: under the proviso to s.4(2), at least one-half of the total members must be women.
Under section 4(3), the Presiding Officer and every member hold office for a period specified by the employer, not exceeding three years from the date of nomination. Under section 4(4), the external member is paid fees or allowances by the employer, as prescribed.
What is the penalty for not constituting a committee?
Section 26(1)(a) covers an employer who fails to constitute an Internal Committee under section 4(1). The punishment is a fine which may extend to fifty thousand rupees (₹50,000). If an employer already convicted of an offence under the Act is convicted of the same offence again, section 26(2) makes the employer liable to twice the punishment and to cancellation of a licence, or withdrawal or non-renewal of approval or registration, required for carrying on the business or activity.
Other timelines apply once a committee exists. A complaint is generally made within three months of the incident (or the last incident), and the committee can extend this by up to three months for recorded reasons under section 9(1). The inquiry is to be completed within 90 days under section 11(4).
Frequently asked questions
Section 4(1) says the Internal Committee shall be constituted at all administrative units or offices where they are at different places. A single central committee for every branch does not match that wording. Constitute a committee at each office or unit.
Section 4(1) places the duty on every employer of a workplace, by an order in writing. Section 2(g) defines “employer” for different kinds of workplaces. The nomination of members under section 4(2) is also made by the employer.
The first proviso to section 4(2)(a) allows the Presiding Officer to be nominated from other offices or administrative units of the workplace. If they have none either, the second proviso allows nomination from another workplace of the same employer, or another department or organisation.
Section 4(3) says the Presiding Officer and every member hold office for the period the employer specifies, not exceeding three years from the date of nomination. Put the start date and term in the written order.
Section 26(1)(a) covers failure to constitute a committee under section 4(1), and section 26(1) provides a fine which may extend to ₹50,000. Under section 26(2), a repeat conviction for the same offence can bring twice the punishment and cancellation or non-renewal of a licence or registration.
Yes. Section 4(4) says the member appointed from NGOs or associations is paid fees or allowances by the employer for holding the proceedings, as prescribed. Check the Rules for the amount that applies to you.
Where can you get help setting up your committees?
Read the Manas POSH compliance page for how the Internal Committee, policy and external member fit together, and try the POSH check to see where your set-up stands. Answers to common employer questions are in the POSH FAQ. Dr. Priya Dubey Sharma, Founder & Consulting Psychologist at Manas Center for Mental Wellness and Counselling, serves as an External Member. This article is general information, not legal advice.
Sources
- The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (India Code)
- Section 4 of the Act, Indian Kanoon
Plain-language guides to POSH compliance for Indian employers, based on the Act, the Rules and court rulings. POSH compliance at Manas Center is led by Dr. Priya Dubey Sharma, Founder & Consulting Psychologist, as External Member.
