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

Answered by Advocate Sharan Jain··POSH & Workplace Harassment

Legal Shorts · 67 words

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.

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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.

Does owning the company automatically make this a Local Committee case?

Ownership is relevant, but the statutory role is what you must establish. Section 2(g) refers, for a private workplace, to the person responsible for its management, supervision and control. Its explanation includes the person, board or committee responsible for formulating and administering policies. Read that definition against the actual organisation, rather than relying on a job title.

For example, a founder who decides staffing, directs HR and controls workplace policy presents a different question from a small passive shareholder who works as a junior employee. Do not invent control you cannot evidence. Record who signed the appointment letter, who appoints the committee, who can discipline employees and what the company's own communications say about the respondent's authority.

What should I send to the District Officer?

Send the written complaint and a short jurisdiction note asking that it be placed before the Local Committee. Identify the workplace address and the respondent's management functions. Attach the committee constitution order if available, especially where it names the respondent as chair. A man cannot be the statutory Internal Committee's Presiding Officer in any event, since section 4 requires a senior woman. A woman respondent's presence would still raise the direct conflict.

A useful request is: "The complaint is against the person responsible for management and control of this workplace. I request registration before the Local Committee under section 6, acknowledgment of the filing date and information about the next step. The attached documents show the respondent's role." Keep the allegations themselves in a separate, dated statement so the jurisdiction argument does not obscure what happened.

Use the official District Officer or Local Committee contact verified for the workplace district. An internet directory, police women's desk and company HR mailbox are not interchangeable. If you submit through a designated nodal officer, section 6(2) provides for forwarding to the concerned Local Committee within seven days. Keep the receipt and follow up on actual forwarding.

What if I already sent it to the company's committee?

Preserve that email and request written acknowledgment of both the original receipt and the jurisdiction issue. Explain the earlier filing when approaching the Local Committee. Do not assume sending it to the wrong body automatically extends limitation or that a verbal promise to forward is enough.

Section 9 ordinarily allows three months from the incident or the last incident in a series. A further period of up to three months requires the committee's satisfaction that circumstances prevented filing and reasons recorded in writing. If timing may be disputed, explain the dates and request the necessary extension expressly. Do not rewrite the event date to avoid that question.

Can the company continue its own HR inquiry?

The employer may need to preserve evidence and address immediate workplace safety, but an internal process should not be used to displace the competent statutory committee. Tell both bodies about any parallel process and ask how records will be preserved and supplied. An HR interview is not automatically the statutory hearing.

Ask for concrete protection while jurisdiction is resolved: an alternative reporting contact, preservation of CCTV and work messages, and arrangements avoiding unnecessary private contact. Where immediate physical safety or a criminal allegation is involved, obtain appropriate assistance without waiting for HR to agree about committee jurisdiction.

What record should I have after the first week?

  • A copy of the complaint with a clear date and incident chronology.
  • Evidence of the respondent's management role and any committee conflict.
  • Proof of submission to the verified authority and any forwarding acknowledgment.
  • A preservation request identifying records likely to be lost.
  • A separate written request for interim workplace arrangements.

Keep the circulation limited. Section 16 protects complaint and inquiry information, including identities and witnesses. A jurisdiction problem is not a reason to send the allegations to every customer or employee. The immediate goal is a competent, independent decision-maker with the correct file and a provable receipt date.

For the general route, see our POSH complaint guide. The employment and labour practice page covers the related employment issues.

Sources

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

  1. 1.Sexual Harassment of Women at Workplace Act,2013: Sections2,4,6,9,11,16,19. Read the source
  2. 2.POSH Rules2013, government-hosted reproduction of GSR769(E): Rules6 and7. Reproduction has OCR errors, 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

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

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.

Employment & Labour

I am a domestic worker. The Local Committee says it may send my complaint to the police. Is that the proper route?

Yes, the POSH Act expressly provides a police-forwarding route for a domestic worker where the Local Committee finds a prima facie case. Section 11(1) requires forwarding within seven days in that situation. Ask for the forwarding letter, police station and acknowledgment so the complaint does not disappear between the two bodies. A referral is not a finding of criminal guilt.

Employment & Labour

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

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.

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.

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