Do You Need an Internal Committee? POSH Applicability at 10 Employees
POSH requires an Internal Committee once a workplace has 10 or more employees. Here is exactly how that threshold is counted and what happens below it.
If your workplace has 10 or more employees, you are legally required to have a POSH Internal Committee in place - this is one of the most concrete, non-discretionary thresholds in Indian workplace compliance.
Key facts at a glance
- The Internal Committee (ICC) is mandatory for any workplace with 10 or more employees.
- Below that threshold, complaints go to the Local Committee, constituted via the District Officer.
- The count generally includes full-time, part-time, contractual, and temporary workers, not just permanent staff.
- The Internal Committee requirement can apply per office or branch, not just at the company level.
- The Supreme Court has pushed for mandatory registration of Internal Committees on the government's SHe-Box portal.
- Non-compliance increasingly carries board-report disclosure risk and can create licence-renewal friction for employers.
Why 10 employees is the key number
The Prevention of Sexual Harassment (POSH) Act, 2013 sets 10 employees as the line between two different complaint-handling mechanisms. At or above that number, the law expects the employer to run its own internal grievance mechanism through a dedicated committee. Below it, the responsibility shifts outward to a government-constituted Local Committee, on the reasoning that very small workplaces may not have the structure to run an internal process credibly. This is a bright-line threshold - there is no gradual phase-in or discretion once you cross it.
Who actually counts toward the threshold
A common mistake is counting only permanent, full-time staff on the payroll. The threshold is meant to capture the workplace as a whole, which typically includes contractual staff, temporary workers, interns, and part-time employees present at that workplace - not a narrow definition of "employee" limited to direct permanent hires. If your permanent headcount is 8 but you regularly have 4-5 contractual or temporary staff on site, you may already be over the threshold and required to have an Internal Committee.
ICC vs Local Committee at a glance
| Aspect | Internal Committee (ICC) | Local Committee |
|---|---|---|
| Applies when | Workplace has 10+ employees | Workplace has fewer than 10 employees, or unorganised-sector workers, or complaint involves the employer |
| Constituted by | The employer, at the workplace | The District Officer, at the district level |
| Composition | Presiding officer (senior woman employee), members, and an external member | District-level members as prescribed |
| Registration expectation | Growing push for SHe-Box portal registration | Administered by the district machinery |
| Employer's role | Must set up, resource, and maintain the committee | Employer refers/cooperates but does not constitute it |
What happens per branch or location
If your company operates from multiple offices, the 10-employee threshold is generally assessed at each workplace location rather than only at the company-wide level. A company with 60 employees spread across five branches of 12 each may need an Internal Committee at every branch, not just one centrally. This is a detail many growing companies miss when they expand into a second or third city and assume their existing head-office committee automatically covers the new location.
What non-compliance actually risks in 2026
The regulatory environment around POSH has tightened. The Supreme Court has directed district-wise surveys and audits of POSH compliance, and there is a clear push toward mandatory ICC registration on the government's SHe-Box portal. Beyond the direct legal risk of not having a functioning committee, employers increasingly face board-report disclosure expectations - meaning the absence of a properly constituted ICC can surface as a governance red flag - and some businesses have reported friction at licence-renewal stages tied to POSH non-compliance.
What to check right now
Count your actual on-site workforce, including contractual and temporary staff, at every location you operate from - not just your payroll headcount at head office. Where you are at or above 10 at any location, confirm you have a properly constituted Internal Committee there, with a senior woman employee as presiding officer and an external member as required. Where you are below 10, make sure your employees know how to reach the relevant Local Committee, since the absence of an internal mechanism does not mean the absence of any complaint route.
If you are not sure whether your business needs an Internal Committee or how well yours is set up, ComplianceCheck's POSH assessment gives you a clear picture in a few minutes.
Sources
- Ministry of Women and Child Development - wcd.nic.in
- SHe-Box portal (Sexual Harassment electronic Box) - shebox.wcd.gov.in
- Respective state Women and Child Development / District Officer office
This guide is general information, not legal advice. Requirements vary by state, sector and headcount - confirm specifics with a compliance professional or the relevant authority.
Frequently Asked Questions
- At how many employees does a company need a POSH Internal Committee?
- A workplace with 10 or more employees must constitute an Internal Committee under the POSH Act, 2013. This applies regardless of the company's sector, ownership type, or whether the employees are permanent, contractual, or temporary.
- What happens if a company has fewer than 10 employees?
- Workplaces with fewer than 10 employees are not required to form an Internal Committee, but complaints from their employees are still covered - they can approach the Local Committee constituted at the district level through the District Officer.
- Who counts toward the 10-employee threshold for POSH?
- The count generally includes all employees at the workplace, including full-time, part-time, contractual, and temporary workers, not just permanent staff on the direct payroll - businesses should count the full workforce present at the workplace, not only regular employees.
- Is the Internal Committee requirement per company or per branch office?
- The Internal Committee is generally required at each office or branch where the employee count reaches 10 or more, meaning a company with multiple locations may need more than one Internal Committee if individual branches independently cross the threshold.
- Does the Internal Committee need to be registered anywhere?
- There has been growing regulatory push, including from the Supreme Court, for Internal Committees to be registered on the government's SHe-Box portal, though many employers who have constituted a committee internally have not yet completed this registration step.
- What is the Local Committee and when does it apply?
- The Local Committee is constituted by the District Officer to handle complaints from workplaces with fewer than 10 employees, or from unorganised-sector workers, or in situations involving the employer themselves.
Check your status
POSH Act 2013 Compliance
Prevention of Sexual Harassment (POSH) Act 2013 compliance assessment, including Internal Committee (ICC) requirements.