Understanding POSH Act: Does It Apply If We Have No Regular Women Employees?

Dear Sirs,

We have no regular women employees in my organization. Is the POSH Act applicable to my organization? Please guide/advice on this matter.

Second Clarification:

If three women under contract are working, is POSH applicable? If yes, do we have to constitute a committee?

Yes, all the provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act 2013 apply to your Employer/Establishment. There is no exemption whatsoever.

Yes, please go ahead and constitute the Internal Committee as prescribed in Section 4 of the said Act of 2013. More in our addendum.

Yes, it is applicable in both instances as quoted by you. However, you will face a problem in constituting the Internal Committee because it requires at least 2 women members, i.e., the first being the Presiding Officer of the Committee and the second as an ordinary member.

Regards,
Jacob Pratap

Dear Friend,

The POSH Act is squarely applicable where women workmen are in employment. It does not matter what the number (even number is one) is and whether they are employed on a regular or contract basis.

Thank you.

The POSH Act is not clear on this issue. As per the Act, a minimum of two female employees shall be part of the ICC (Internal Complaint Committee) - one presiding officer and another as a normal member. This is mandatory. However, in cases where there is only one female employee, how can this requirement be met?