I am the external POSH committee member and the company will not pay my inquiry expenses. What record should I request?

Answered by Advocate Sharan Jain··POSH & Workplace Harassment

Legal Shorts · 63 words

Separate the statutory allowance and permitted travel reimbursement from any additional professional fee you agreed with the company. Section 4(4) and Rule 3 address the external Internal Committee member's prescribed payments, with the employer responsible. Your appointment letter and invoices matter for a higher contractual fee or other expenses. Ask for a written reconciliation rather than letting an accounts dispute influence the inquiry.

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Separate the statutory allowance and permitted travel reimbursement from any additional professional fee you agreed with the company. Section 4(4) and Rule 3 address the external Internal Committee member's prescribed payments, with the employer responsible. Your appointment letter and invoices matter for a higher contractual fee or other expenses. Ask for a written reconciliation rather than letting an accounts dispute influence the inquiry.

Which payment rule applies to an Internal Committee member?

Rule 3 is the relevant starting point for the member appointed from a non-government organisation. It provides an allowance of Rs 200 per day for holding committee proceedings and travel reimbursement subject to the travel modes and limit stated there. The employer bears that payment responsibility. Read section 4(4), the appointment category and the rule together rather than applying a general consultant rate by assumption.

Rule 5 concerns the Local Committee and places responsibility on the District Officer. It should not be used to tell a company Internal Committee member to recover expenses from the district administration. The two committees have different payment arrangements.

The prescribed allowance is not proof that every invoice for training, policy drafting, travel upgrades or general advisory work must be paid at the amount billed. If the company agreed additional fees, identify that agreement separately. This answer does not promise recovery of an unwritten professional-fee arrangement.

What should I attach to the payment request?

  • The written nomination or appointment order and your accepted terms.
  • A date-wise list of proceedings attended, verified without unnecessary complaint details.
  • Travel tickets or receipts, the route and the amount claimed.
  • The contractual fee schedule, if there is one.
  • Earlier invoices, approvals, payments and the disputed balance.
  • A request identifying which line items accounts accepts or disputes.

Use separate columns for statutory allowance, travel reimbursement and additional agreed fees. This prevents the company from treating a dispute over one consulting invoice as an answer to every payment obligation. It also lets you correct a mistaken claim without abandoning the undisputed part.

How much complaint information should go to accounts?

Only what is needed to verify the work and payment. Section 16 protects complaint contents, identities, witnesses and proceedings from public disclosure. Accounts staff do not need the allegations pasted into an invoice description. Use a confidential case reference, meeting date and attendance confirmation through an authorised person.

Do not circulate the inquiry report to pressure the company for payment or threaten publication. Keep financial correspondence in a separate file with restricted access. A fee dispute does not relax the committee's obligation to handle the underlying material properly.

What wording keeps the two issues separate?

You can write: "Please reconcile the attached statement showing the Rule 3 allowance and travel claim separately from the additional fees under the appointment terms. Kindly identify any disputed item and the reason. This request is administrative and does not concern the merits or outcome of the pending inquiry." Give actual dates and amounts instead of a rounded total without support.

If HR says the fee depends on whether management accepts the report, object in writing to that condition. Payment should not be used to purchase a finding. Preserve the communication and seek advice on protecting the committee's independence and the continuity of the process.

Can I simply stop attending until I am paid?

Do not treat absence as a harmless collection tactic. Rule 7(7) requires a minimum of three members, including the Presiding Officer or Chairperson, for an inquiry sitting. Other composition requirements also remain relevant. Your absence can create questions about how the inquiry was conducted and may harm people who have no responsibility for the accounts dispute.

If continued service is impossible, communicate formally under the appointment terms and seek advice on transition, records and any replacement required. Do not sign a report for hearings you did not attend merely to finish the file. A payment claim and a valid inquiry record should each be capable of standing on their own documents.

The next step is a dated reconciliation request with the appointment order and itemised evidence. If it remains unpaid, the recovery route depends on the statutory claim, contract and employer's response. A generic POSH appeal is not automatically the forum for an external member's commercial fee dispute.

Read the general POSH procedure and our answer on challenging a committee recommendation for the adjoining stages.

Sources

The law this answer relies on, so you can read it yourself.

  1. 1.Sexual Harassment of Women at Workplace Act, 2013: Sections 2, 4, 6, 10-19. Read the source
  2. 2.POSH Rules 2013, government-hosted reproduction of GSR 769(E): Rules 3, 7, 9, 10 and 14. Reproduction read with Act.. Read the source

The short answer's sources were checked on 29 September 2026. Statutes and judgments can change, so check the current position before you act on anything here.

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SJ

Answered by

Advocate Sharan Jain

Advocate based in Bangalore, practising before the Karnataka High Court and District, Sessions, Consumer and Family courts. Answers public legal questions to make Indian law more accessible.

This answer is general information on Indian law as at October 1, 2026, published for public education. It is not legal advice, it does not take account of your facts, and reading it does not create an advocate-client relationship. Law changes and every case turns on its own circumstances. Please consult a qualified advocate about your own matter.

People also asked

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The internal committee dismissed my POSH complaint. Can I appeal?

Yes. The POSH Act permits appeals against specified recommendations and their non-implementation, ordinarily within ninety days of the recommendations. The correct court or tribunal depends on the applicable service rules and prescribed route. Ask for the report, findings and committee-constitution order, and identify errors in the evidence, reasoning or procedure. An appeal should explain why the decision is wrong. It is not limited to merely complaining that the outcome was unfavourable. Keep proof of when you received the documents.

Employment & Labour

I have been sexually harassed at work. How does a POSH complaint actually work?

An aggrieved woman can make a written POSH complaint to the workplace Internal Committee. Ordinarily, file within three months of the incident, or the last incident in a series. A further extension needs reasons showing why you could not file earlier. Describe what happened, when and where, and identify messages or witnesses. The district Local Committee handles specified cases, including complaints against the employer. Ask for help putting the complaint in writing if needed, and keep proof of submission.

Employment & Labour

My company has no internal committee. Where do I complain?

The district Local Committee is the statutory forum for workplaces with fewer than ten workers and complaints against the employer. If a larger workplace has unlawfully failed to constitute an Internal Committee, promptly approach the District Officer about both your complaint and that failure. Keep a dated written record and ask where the complaint should be lodged. Do not wait for HR to create a committee while the filing period runs. The ordinary complaint deadline and any extension still need attention.

Employment & Labour

HR disputes that the owner I complained against is the employer. How do I establish which POSH committee should hear it?

Address the complaint to the district Local Committee if the respondent is the employer within the POSH Act's definition. Section 6 gives that committee jurisdiction over complaints against the employer himself, even where a company has an Internal Committee. First establish the person's management role, because being a shareholder or senior employee alone does not settle the statutory definition. A respondent should not decide their own complaint.

Employment & Labour

The committee says a witness used a forged screenshot. Can it punish the witness automatically?

No automatic punishment follows from calling a screenshot forged. Section 14(2) concerns a committee conclusion that a witness gave false evidence or produced a forged or misleading document. The committee can recommend action to the witness's employer or the District Officer, as applicable, under the applicable service rules or prescribed procedure. Ask to see the precise allegation, the material said to establish falsity and the proposed process before giving your response.

Employment & Labour

The committee wants my entire personal phone to read one work chat. Can I propose a narrower way to provide evidence?

Yes. Offer a method that preserves and supplies the relevant evidence while limiting unnecessary access to unrelated personal material. Section 11(3) gives the committee powers to require discovery and production of documents, but it does not expressly create a general police power to seize and search every part of a personal phone. Do not delete or refuse relevant evidence. Ask for the request's scope, purpose and handling arrangements in writing.

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