HR added a POSH withdrawal to my salary-release form. What should I ask it to separate?

Answered by Advocate Sharan Jain··POSH & Workplace Harassment

Legal Shorts · 63 words

Ask HR for separate documents: an itemised statement and receipt for employment dues, and any proposed statement about the POSH complaint. Do not sign wording that falsely says you requested conciliation, withdrew allegations or received compensation. Under section 10, statutory conciliation requires the aggrieved woman's request and cannot be based on a monetary settlement. An accounts form is not automatically a committee-recorded settlement.

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Ask HR for separate documents: an itemised statement and receipt for employment dues, and any proposed statement about the POSH complaint. Do not sign wording that falsely says you requested conciliation, withdrew allegations or received compensation. Under section 10, statutory conciliation requires the aggrieved woman's request and cannot be based on a monetary settlement. An accounts form is not automatically a committee-recorded settlement.

Which sentence in the form is causing the problem?

Mark it precisely. A receipt stating that a specified sum was paid is different from a declaration that no harassment occurred, all complaints are withdrawn or no proceedings will ever be brought. The document may combine several different legal acts under one signature. Ask for the calculation behind each payment and the purpose of each release clause.

Keep the original form and the covering email. If HR says the wording is "standard", ask why a POSH statement is needed to acknowledge salary, reimbursement or another separately identified employment amount. Do not infer that every payment described as full and final settlement is compensation for harassment.

How can I propose a limited receipt?

Write: "I am willing to acknowledge receipt of the itemised employment dues actually paid. I have not requested withdrawal of my POSH complaint or adopted a statement denying the incidents. Please issue a receipt limited to the listed payments and address any complaint-related proposal through the competent committee." This is proposed wording for discussion, not a guarantee that every edited release will have the intended legal effect.

If the money has not yet arrived, do not sign an unqualified statement that it has been received. Ask whether the form is an approval instruction or a receipt, and ensure its wording matches the stage. A promise to transfer later should not be recorded as a completed payment.

What if HR calls the payment a POSH settlement?

Ask for the committee reference and recorded terms. Section 10 contemplates conciliation before inquiry at the woman's request. The committee records a settlement reached and forwards it to the employer or District Officer, while supplying copies to the parties. A private HR form does not prove those steps occurred.

The statutory ban on using money as the basis of conciliation also needs to be distinguished from compensation recommended after an inquiry under sections 13 and 15. They arise at different stages and on different bases. HR should not label earned wages as harassment compensation or treat a compensation award as a price for a new denial of events.

Should I sign and write "under protest" beside my name?

Do not assume those two words neutralise the whole document. A release, acknowledgment and factual declaration can have different consequences. Obtain advice on the exact text before signing where a material right or factual account is disputed. Your objection should be explicit enough that the recipient can understand what you are refusing to adopt.

If a payment is made without your signing the disputed clause, retain the bank record and write a limited acknowledgment identifying what you understand it covers. Avoid a casual message saying "everything settled" when you mean only that one salary amount arrived.

What should I tell the committee?

Send a confidential factual note if HR is representing that you withdrew the complaint or requested conciliation. Attach the form and your correction. Ask the committee to record your actual position. If you did make a voluntary request earlier, explain that accurately rather than denying a document you signed.

Keep any employment-dues dispute in its own calculation and correspondence. The applicable payment entitlement and recovery forum depend on the kind of dues, employment facts and governing law. This answer addresses the combined document, not every possible wage claim.

The next action is a marked copy separating payment acknowledgment from complaint statements, followed by a written request for corrected documents. Preserve the versions exchanged. An accurate receipt can help resolve the accounts issue without creating a false history of how the harassment complaint ended.

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

Employment & Labour

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 employer is withholding my full and final settlement and relieving letter. What are my options?

Ask HR for an itemised statement showing salary, deductions, leave, gratuity and any contractual payment separately. An exit dispute does not give an employer unrestricted power to withhold wages: the Code on Wages limits deductions and provides a claim procedure. Keep your appointment letter, payslips, resignation and bank statements. Ask for the relieving letter separately. The correct recovery route depends on the particular amount owed. Provident fund, gratuity and a contractual incentive are not the same claim.

Employment & Labour

By when must my full and final settlement be paid after I leave?

A full-and-final settlement contains several payments with different rules. The Code on Wages ordinarily requires exit wages within two working days, subject to its provisions. That is not a universal deadline for every item in a settlement. Gratuity has its own payment rule, and contractual incentives depend on their terms. Ask for a dated, itemised calculation showing each deduction and payment. Keep the last-working-day record and avoid signing an acknowledgement that money has arrived when it has not.

Employment & Labour

My employer wants me to sign a release before paying my dues. Should I?

Do not sign a receipt saying you have been paid when the money has not arrived. Section 60 of the Code on Wages protects amounts due under that Code from being signed away. A wider release may still settle contractual claims, so check each clause before agreeing. Ask for an itemised settlement, a payment date and clear wording about which claims are being settled. Keep the offer and your written response. Adding 'under protest' is not a substitute for reading the release.

Employment & Labour

The respondent broke the written POSH conciliation terms. Must I file the whole complaint again?

You should inform the committee of the specific breach and ask it to act on the existing recorded conciliation. The proviso to section 11(1) provides for inquiry, or the appropriate police forwarding, where the woman reports that the respondent has not complied with the settlement terms. Do not silently treat a new email as a fresh complaint about the original incident. Attach the recorded terms and evidence showing which obligation was broken.

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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