ICC vs Local Committee: Which One Handles Your POSH Complaint
Understand when an Internal Committee (ICC) versus a Local Committee handles a POSH complaint under Indian law, and which employers must set up which.
Whether a POSH complaint goes to your company's Internal Committee (ICC) or the district's Local Committee depends entirely on your headcount: workplaces with 10 or more employees must run their own ICC, while smaller workplaces and unorganised-sector workers rely on the Local Committee.
Key facts at a glance
- ICC is mandatory at 10 or more employees under the POSH Act.
- Workplaces below that threshold, and unorganised-sector or informal workers, are covered by the Local Committee instead.
- The Local Committee is constituted by the District Officer, not by the employer.
- The Supreme Court has pushed for mandatory registration of ICCs on the government's SHe-Box portal.
- Employers face growing board-report disclosure expectations and potential licence-renewal friction for POSH non-compliance.
- An employer that is legally required to have an ICC but does not is in violation of the POSH Act.
- Both the ICC and Local Committee follow the same complaint and inquiry framework under the POSH Act, just at different scale.
What the ICC Is and Who Must Set One Up
The Internal Committee (ICC) is a body every employer with 10 or more employees must constitute at each office or branch, to receive and inquire into complaints of sexual harassment from employees at that workplace. It typically includes a presiding officer (a senior woman employee), other employee members, and an external member from an NGO or organisation working on women's issues. The ICC investigates complaints, recommends action, and is the first point of contact for most formally employed workers.
What the Local Committee Is and Who It Covers
The Local Committee (LC), sometimes called the LCC, is constituted at the district level by the District Officer under the POSH Act. It exists specifically to cover two situations: workplaces too small to have their own ICC (fewer than 10 employees), and complaints from workers in the unorganised sector, such as domestic workers, gig workers, or others without a conventional employer structure. The Local Committee follows a broadly similar inquiry process to the ICC but operates at the district administrative level rather than within a single company.
Side-by-Side Comparison
| Aspect | Internal Committee (ICC) | Local Committee (LC) |
|---|---|---|
| Who sets it up | The employer | The District Officer |
| Trigger threshold | 10 or more employees at the workplace | Fewer than 10 employees, or unorganised-sector workers |
| Where it sits | Within the company | At the district level |
| Typical composition | Presiding officer, employee members, external NGO member | Chairperson and members appointed by District Officer |
| Who can complain to it | Employees of that workplace | Workers below ICC threshold, domestic/gig/informal workers |
| Registration expectation | Increasing push for SHe-Box portal registration | Administered by district machinery |
| Employer's role | Must constitute, fund and support the ICC | No direct constitution role, but must inform employees of it if below threshold |
Why This Distinction Matters for Employers
Getting this wrong has two failure modes. A company with 10 or more employees that has no ICC is non-compliant regardless of whether anyone has complained yet. A company under the threshold that wrongly assumes it needs nothing at all still has an obligation to make employees aware that the Local Committee is their avenue for complaints - "too small for an ICC" does not mean "no POSH obligations."
What Recent Enforcement Trends Change
Courts and regulators have moved from treating POSH as a paperwork requirement to actively auditing it. The Supreme Court has directed district-wise surveys of POSH compliance and pushed for mandatory ICC registration on the SHe-Box portal, and employers are increasingly facing board-report disclosure expectations, plus friction in licence renewals tied to POSH non-compliance. An ICC that exists only on paper, without an active presiding officer, external member and documented process, is increasingly a visible gap rather than a hidden one.
If you are not sure whether your ICC is correctly constituted or your Local Committee obligations are clear, ComplianceCheck's POSH assessment gives you a clear picture in a few minutes.
Sources
- Ministry of Women and Child Development - SHe-Box portal
- Ministry of Labour and Employment - labour.gov.in
- Respective state District Officer / Women and Child Development department
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
- What is the difference between an ICC and a Local Committee under POSH?
- An Internal Committee (ICC) is set up by an individual employer with 10 or more employees to handle complaints from its own workforce, while a Local Committee is set up by the District Officer to handle complaints from workplaces with fewer than 10 employees or from unorganised-sector and informal workers.
- At how many employees does a company need to set up an ICC?
- An Internal Committee is mandatory for any workplace with 10 or more employees under the POSH Act.
- Who handles a POSH complaint at a company with fewer than 10 employees?
- A Local Committee, constituted by the District Officer, handles POSH complaints at workplaces with fewer than 10 employees, since those workplaces are not required to have their own ICC.
- Can a domestic worker or gig worker file a POSH complaint?
- Yes, unorganised-sector workers including domestic workers and workers without a conventional employer-employee ICC structure can file complaints with the Local Committee.
- What happens if an employer with 10 or more employees does not set up an ICC?
- An employer required to have an ICC that fails to constitute one is in violation of the POSH Act and can face penalties, and complainants at that workplace would need to approach the Local Committee instead in the interim.
- Is ICC registration now mandatory on a government portal?
- There is increasing regulatory push, including from the Supreme Court, toward mandatory registration of Internal Committees on the government's SHe-Box portal, so employers should treat ICC registration as an active compliance expectation, not an optional step.
Check your status
POSH Act 2013 Compliance
Prevention of Sexual Harassment (POSH) Act 2013 compliance assessment, including Internal Committee (ICC) requirements.