I became HR head and discovered no POSH annual report was filed. What can I correct now?

Answered by Advocate Sharan Jain··POSH & Workplace Harassment

Legal Shorts · 68 words

Reconstruct the correct year-wise record and submit a truthful delayed report through the competent committee and employer. Do not backdate a report or enter zero complaints because earlier files are missing. Section 21 concerns the committee's annual report, while section 22 separately requires the employer to report case numbers in its annual report or otherwise inform the District Officer. Correcting the omission does not automatically erase past non-compliance.

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Reconstruct the correct year-wise record and submit a truthful delayed report through the competent committee and employer. Do not backdate a report or enter zero complaints because earlier files are missing. Section 21 concerns the committee's annual report, while section 22 separately requires the employer to report case numbers in its annual report or otherwise inform the District Officer. Correcting the omission does not automatically erase past non-compliance.

Which report is missing?

Start with a simple audit of the two statutory duties. Under section 21, the Internal or Local Committee prepares an annual report for each calendar year and submits it to the employer and District Officer. Under section 22, the employer includes the number of cases filed and their disposal in its annual report, or informs the District Officer where it has no annual report.

A training attendance sheet, an HR dashboard and a directors' statement are not automatically substitutes for the committee report. Likewise, finding a committee report in a shared drive does not prove that it was sent to the required recipients. Look for dispatch records and acknowledgments before concluding that a year is complete.

What information must be reconstructed?

Rule 14 lists complaints received, complaints disposed of, cases pending for more than ninety days, workshops or awareness programmes and the nature of action taken by the employer or District Officer. Create a year-wise worksheet for those fields. Reconcile it with the committee register, complaint emails, reports, hearing records and employer implementation correspondence.

Do not equate "no inquiry report found" with "no complaint received". An unresolved or misplaced complaint may still affect the count. Also distinguish a complaint received during the year from one disposed of during it, and explain carry-forward cases internally so the figures are not forced to match.

What if the earlier committee no longer exists?

Obtain its constitution orders, member details and available handover records. Ask former members for existing records through an authorised confidential process. The current committee and employer should establish who can verify the reconstructed information and how the late report will accurately describe its basis.

Do not invent earlier meetings, create a retrospective appointment order or obtain signatures suggesting that a current member served in a year when they did not. If the organisation never had a lawful committee, that is a separate compliance defect requiring correction. A report prepared today cannot make an absent historical committee exist.

How should the delayed filing be described?

Use the actual date of preparation and identify the reporting year. A covering letter can say: "This report relates to calendar year [year] and is being submitted on [actual date] following a records review. The attached statement explains the reconstruction and any identified limitation. Please acknowledge receipt and advise whether the district requires a particular submission format." Do not request that the authority treat it as filed on an invented earlier date.

Verify current district directions for the recipient, format and submission process. The central Act's annual duty should not be converted into an assumed nationwide filing date copied from another district's circular. Keep proof of the actual submission and any requested correction.

How much case detail should be included?

Supply the required aggregate and action information while protecting identities and complaint material under section 16. Do not attach an entire named case file to a routine report unless a competent authority has lawfully required it. Restricted working papers can support the figures without circulating allegations to everyone who receives an annual report.

Where records remain incomplete, state the limitation accurately and continue the reconstruction. A guessed zero may be more misleading than a candid, explained gap. Have the committee approve the report through a genuine record of its present decision.

What prevents the same omission next year?

Assign responsibility for maintaining the register, monthly reconciliation, annual preparation, approval and proof of dispatch. Keep reminders tied to the actual applicable district instructions. The employer's separate section 22 duty should have its own owner so each side does not assume the other filed everything.

Section 26 includes consequences for specified employer non-compliance, including section 22 failures. Seek advice on any notice already received and answer it truthfully. The next step is to establish what was actually filed, correct the outstanding reports with real dates and preserve a reliable audit trail for the figures.

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

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

A colleague filed a POSH complaint in my name without asking me. Must I adopt it?

You do not have to adopt a statement that does not reflect your instructions or account. Ask the committee for the exact document filed, who signed it and the statutory basis claimed for filing on your behalf. Rule 6 permits substitute complaints only in specified circumstances, with written consent required in relevant categories. The employer may still need to address a workplace safety concern even if that document is not your valid personal complaint.

Employment & Labour

My colleague died before filing her harassment complaint. Can her legal heir submit it?

A complaint is not automatically barred because the woman has died. Section 9(2) permits a legal heir or other prescribed person to complain, and Rule 6(iv) allows a person with knowledge of the incident to file with the written consent of her legal heir. Prepare evidence of both the knowledge and the heir's consent. The committee must still examine jurisdiction, timing and the available evidence.

Employment & Labour

The company says it will pay the compensation awarded against the respondent and deduct it from my settlement. Is that right?

A compensation recommendation against the respondent should not be turned into a deduction from the aggrieved woman's own dues. Section 13(3)(ii) provides for deduction from the respondent's salary or wages to pay the woman or her legal heirs. Ask for a written ledger showing the award, payment source and every proposed adjustment. A separate voluntary agreement needs its own review and should not be disguised as implementation of the committee's recommendation.

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