Does the Sexual Harassment Act Apply to a Single Female Employee in a Project Office?

Dear All,

We are a project-based MNC. We have only one female employee who is employed at a project office. Please advise whether the subject act applies in this condition?

For coverage of the said Act, the number of women employed is not relevant. Moreover, the scope of the Act extends beyond the place of work and it covers places visited by the employee as part of her official functions. It is true that with a single woman employee, you may not be able to constitute a local compliance committee, but a system should be in place, and she should be protected from sexual harassment.

POSH Act Requirements

The POSH Act mandates that every employer is required to constitute an Internal Complaints Committee at each office or branch with 10 or more employees. The District Officer is required to constitute a Local Complaints Committee at each district, and if required, at the block level.

So, first of all, where there are ten or more employees working (not necessarily women), an Internal Complaints Committee is to function. However, considering practicalities, the Local Complaints Committee could take care, and the details of the committee should be publicized in the office premises.

The POSH Act applies even if no woman is employed in the establishment, and an ICC needs to be constituted by the company in compliance with the Act.

B. Saikumar
Navi Mumbai