Internal Complaints Committee Setup: A Complete Employer Guide

The PoSH Act, 2013, was introduced to ensure safer and more respectful workplaces across India. One of the key requirements of the Act is that every organisation with 10 or more employees must establish an Internal Complaints Committee (ICC/IC). However, many employers find the setup process, composition, documentation requirements, and operational responsibilities confusing in practice.

This guide breaks down the entire ICC setup process in simple terms, helping organisations understand legal expectations and implement a practical system that upholds employee safety, compliance, and a culture of accountability.

An Internal Complaints Committee or Internal Committee (ICC/IC) is a designated body established under the PoSH Act, 2013, in every organisation with 10 or more employees. Its core role is addressing and resolving complaints of sexual harassment at the workplace through a fair, confidential, and timely process. Receiving complaints, conducting impartial inquiries, recommending action, and ensuring that both complainants and respondents are treated with dignity are the key responsibilities of ICC/IC.

The purpose of the ICC is not only limited to compliance in the workplace; it further builds an environment where employees feel safe, respected, and protected. Through promoting awareness, encouraging reporting without fear, and following a structured inquiry mechanism, it develops workplace safety, strengthens organisational accountability, and minimises the risk of legal non-compliance. Finally, it serves as a foundation of a respectful and sexual harassment-free work culture.

The PoSH Act requires a balanced, qualified IC of a minimum of 04 members with a minimum of 50% women members to guarantee fairness and credibility in handling complaints.

1. Presiding Officer: The committee must be chaired by a woman employed at a senior level at the workplace from amongst the employees. In case the workplace does not have a senior woman employee, the Presiding Officer may be nominated from any other workplace of the same employer or administrative unit or organisation.

2. Employee Members: A minimum of 02 employees should be included additionally as members. They should preferably be people who are committed to women’s rights, workplace equality, legal awareness, or social responsibility. This confirms that inquiries will be handled with sensitivity and understanding.

3. External Member: An external member plays a vital role and must be appointed to guarantee neutrality as well as professional expertise. This could be a lawyer, social worker, NGO representative, or any individual having experience in issues related to sexual harassment and women’s rights.

When gender representation, relevant expertise, and legally compliant composition are appropriate, the committee’s credibility is also improved.

To set up a compliant and functional ICC, employers must follow the crucial ICC guidelines for employers listed below:

1. Issue a Formal Notification

The initial step is to officially announce the ICC/IC formation within the organisation. This is done through an “Order Constituting the ICC” document, which should mention the names and contact details (preferably individual email addresses and mobile numbers) of all elected members. The said Order must be circulated amongst all employees and, most importantly, displayed at notice boards in the workplace so that everyone is aware of the members of the ICC.

2. Nominate ICC Members

The presiding officer, internal members, and an external member must be appointed by an employer. This must be done through nomination letters, and each member should provide a written acceptance of their appointment. Maintaining these documents is important for audit as well as legal reference purposes.

3. Train ICC Members

After the appointment, members should receive orientation and skill-building training. This enables them to understand complaint handling procedures, inquiry requirements, documentation standards, confidentiality rules, and legal responsibilities under the PoSH Act. ICC training makes sure that inquiries are conducted objectively and ethically in a time-bound manner.

4. Communicate to Employees

After the ICC/IC is formed, employees must be informed about the committee’s presence, contact details, and the redressal and inquiry process in brief for redressal of complaints. Clear communication not only helps your organisation be compliant but also encourages confidence, transparency, and timely reporting, helping the organisation foster a safe and supportive workplace environment.

Based on the PoSH Act, the ICC members have specific duties to make certain that complaints are handled not just fairly but also in accordance with the law.

• Receive complaints of sexual harassment submitted by employees or any other person with sensitivity and acknowledge them.
• Assess the prima facie validity of the complaint to check whether it falls under the scope of the PoSH Act. 
• Maintain complete confidentiality of the complainant, respondent, witnesses, proceedings, and documents. 
• Recommend suitable action or remedies to the employer based on findings.
• Prepare an annual report and submit it to the employer and District Officer that clearly captures the number of complaints received, resolved, pending for more than 90 days, actions which were taken in case of complaints and details of trainings conducted for employees and ICC Members during the calendar year.

Follow best practices to establish transparency, fairness, and trust in ICC operations.

• Communicate timelines and processes clearly to both parties.
• Detailed records and documentation must be maintained at each stage.
• Conduct proceedings respectfully and sensitively.
• Avoid conflicts of interest and bias.
• Build a workplace environment where employees feel safe reporting issues without fear of retaliation.

IC members often encounter practical challenges during inquiries, such as limited evidence or sensitivity concerns. To gain a deeper knowledge of addressing such issues, read our blog on Common Challenges in PoSH Inquiries and Solutions for ICC.

The ICC follows a structured process for handling sexual harassment complaints. The flowchart below provides a quick overview of the steps, from filing a complaint to the final outcome.

To ensure ICC effectiveness and legal compliance, employers should:

• Provide regular and comprehensive PoSH training in India and sensitisation programmes for all employees and skill-building & orientation programmes for ICC members to build awareness and understanding.
• Conduct periodic PoSH audits to ensure PoSH compliance, ICC documentation, complaint records, and inquiry reports are accurate and up to date.
• Review and renew the appointment of ICC members periodically. Always keep the Order Constituting ICC document updated.
• Foster a workplace culture of respect, inclusivity, and non-retaliation to encourage reporting and fair handling of complaints.

Penalties for Non-Compliance with the PoSH Act:

• Strictly adhere to PoSH Act provisions; non-compliance can lead to penalties, including fines up to ₹50,000 for initial breaches.
• Repeated violations may attract double the penalty, higher fines and/or cancellation of the business licence, thereby damaging the organisation’s reputation and employee trust.

A well-ordered IC contributes as the backbone of PoSH compliance and a safe, accountable workplace. By understanding ICC formation and procedures, along with responsibilities, employers can create systems that protect employees, build trust, and reduce legal risks. Strengthening ICC operations through training, audits, and clear communication ensures fairness and transparency in every inquiry.

Complykaro, a trusted provider of PoSH training and compliance, supports organisations with a legally compliant ICC constitution, documentation guidance, and ICC/IC training to help them build robust redressal mechanisms. Contact us to review your ICC setup and reinforce a workplace where safety and respect are non-negotiable.