By S&S Co. Advocates & Solicitors · Published 22 July 2026 · Informational content, not legal advice: see our disclaimer
The Same Act, a Different Workforce Pattern
The POSH Act applies to factories and industrial establishments in the same way it applies to offices, and the composition, timelines and procedure for an Internal Committee are no different. What differs in practice is the workforce pattern that the Committee has to be designed around: shift-based working hours, a mix of permanent and contract workers, and in many cases apprentices and trainees, all of whom are covered by the Act's protections.
Accounting for Shift Patterns
A factory operating multiple shifts should ensure its Internal Committee, and the complaint mechanism feeding into it, is genuinely accessible to workers on every shift, not only the general daytime shift during which office staff and management are typically present. Posting the Committee's contact details prominently at each shift's reporting point, and ensuring at least some Committee members or a clearly designated first point of contact are reachable across shifts, helps avoid a situation where night-shift or rotating-shift workers have no practical route to lodge a complaint.
Contract Labour and Third-Party Workers
Contract workers engaged through a labour contractor, and present at the factory premises for work, fall within the extended definition of "employee" under the POSH Act, which expressly includes a worker employed on a temporary, ad hoc, or contract basis, whether directly or through an agent, including a contractor. A factory's Internal Committee has jurisdiction to receive and inquire into a complaint made by a contract worker in the same way as one made by a permanent employee, and the principal employer cannot treat such workers as falling outside its POSH responsibility simply because they are formally employed by a contractor.
Apprentices and Trainees
Apprentices and trainees engaged at a factory are likewise covered by the Act's broad definition of employee, regardless of the specific statutory scheme, such as the Apprentices Act, under which they are engaged. Induction and onboarding material for apprentices should include the same POSH awareness content given to regular employees.
Visitors, Vendors and Third Parties on the Premises
The POSH Act also protects a complainant against harassment by a person who is not themselves an employee of the establishment, such as a visiting vendor, a delivery person, or a client representative present at the workplace. An Internal Committee at a factory retains jurisdiction to inquire into a complaint where the respondent is such a third party, and the employer is expected to take appropriate action against that third party, which may include reporting the matter to the police where warranted, and to extend support to the complainant regardless of the respondent's formal employment status.
Relevance of Local Committees for the Unorganised Sector
Where a factory or industrial unit has fewer than ten workers, or where the workforce is otherwise part of the unorganised sector without a qualifying Internal Committee, the District Officer's Local Committee is the relevant forum, and larger principal employers using smaller ancillary units or job-work contractors should be alert to whether those smaller units have access to, and awareness of, the applicable Local Committee.
Frequently Asked Questions
Are contract workers at a factory covered by the POSH Act?
Yes. The Act's definition of employee expressly includes workers employed on a temporary, ad hoc or contract basis, including through a contractor, and the factory's Internal Committee has jurisdiction over a complaint made by such a worker.
Does a factory need a separate Internal Committee for each shift?
The Act does not require a separate Committee per shift, but the Committee and its complaint mechanism should be genuinely accessible to workers on every shift, not only the shift during which management is typically present.
Is a factory's Internal Committee responsible for harassment by a visiting vendor or contractor's representative?
Yes, where the incident falls within the extended definition of workplace and the complainant is an employee of the establishment. The Committee retains jurisdiction to inquire even though the respondent is not formally employed by the factory, and the employer is expected to take appropriate action against that third party.
References & Further Reading
This article references the following statutory provisions. Readers should always verify current rules, fees and timelines against the applicable statute and rules as amended, since these are revised from time to time.
- Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, and the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013, as amended.