Your employer cannot answer a complaint about client harassment merely by saying the client is not on its payroll. Section 19 of the POSH Act requires a safe working environment, including safety from people who come into contact at the workplace, and addresses assistance where the perpetrator is an outsider. The Internal Committee at the aggrieved woman's workplace can inquire even where the respondent is employed elsewhere. Its inquiry power and the respondent employer's disciplinary power are different. Ask HR to preserve evidence, arrange immediate safety measures and identify the competent process in writing.
Part of the employment and labour law practice at S Jain & Attorneys, Bangalore.
The difficult question is usually practical. The client controls a valuable account, your manager wants the next meeting to proceed, and nobody says who will handle your complaint. You may work for a vendor at the client's office, attend a business dinner or receive sexual messages through a project channel. None of those situations is resolved simply by looking at the name on your salary slip.
The first document should record the incident, the work connection, the respondent's role and the protection needed before the next interaction. This guide concerns an adult woman reporting workplace sexual harassment. Child-protection reporting and complaints by people outside the Act's statutory complainant category require separate legal analysis.
What should I ask HR to do today?
Ask for an acknowledgment, preservation of specified records, a safe arrangement for immediate work and a written explanation of the complaint route. Keep these requests separate so HR cannot postpone every step while deciding which committee has jurisdiction. An access restriction or a different meeting contact may be possible before that question is finally resolved.
Key takeaway. The employer's control over the client relationship, premises, work allocation and evidence is different from its power to discipline the client personally. A limit on one power does not answer what the employer should do with the powers it actually has.
A useful opening is: "I report the conduct described below during work connected with [project or visit]. Please preserve the identified records, confirm the committee or authority handling the complaint and arrange that I am not required to meet the respondent alone while it is assessed." Describe the requested arrangement specifically enough to implement.
If there is immediate danger or a potentially serious criminal act, seek appropriate assistance promptly. Do not wait for an account manager to decide whether the client will be offended. At the same time, avoid public allegations or a mass email containing sensitive details. The complaint needs a reliable confidential record, not the widest possible circulation.
Does a client meeting count as a workplace?
It can. Section 2(o) includes places visited by an employee arising out of or during employment, including transportation provided by the employer for that journey. Section 2(a) also describes an aggrieved woman in relation to a workplace as a woman of any age, whether employed there or not. The analysis is broader than the physical office where payroll is processed.
Record why you were at the location or communicating with the client. A calendar invitation, project assignment, travel approval, official chat or manager's instruction may establish the work connection. The fact that an event occurred after normal office hours does not by itself decide whether it was work-related.
Conversely, do not label a wholly private dispute as a workplace incident merely because you first met the person through work. Explain the actual connection and let the competent body assess it. Where a relationship has both private and professional aspects, separate the relevant events rather than presenting an undifferentiated history.
For remote work, preserve the platform, account and context. A message in an official project channel may provide a clearer work connection than a screenshot showing only a phone number. If the discussion moved from a work platform to a personal account, explain when and why, without assuming that the change of application settles jurisdiction.
Is the respondent really an outsider under the Act?
Check the facts before accepting that label. Section 2(f)'s employee definition is broad and includes people engaged directly or through an agent or contractor, on various terms, and categories such as trainees and apprentices. A person may lack a direct employment contract with your company but still have a work arrangement relevant to the Act's definition.
Ask who employs or engages the person, what role they perform at the location and whose policies apply. A client's employee, an independent customer, a contractor's supervisor and the proprietor of the client business are different situations. Their titles may sound similar in ordinary conversation but lead to different procedural questions.
Do not investigate private records by unauthorised means. Use available signatures, meeting invitations, access details and the contracting relationship your employer already knows. Request that the employer supply the organisational information needed to identify the route.
The word "client" can conceal a conflict too. If the person is effectively the employer within the statutory definition, the Local Committee provision for complaints against the employer himself may need examination. Ownership, management and control should be established, not assumed from a business card.
Work connection
Keep the assignment, invitation or project record showing why you met or communicated with the respondent in the course of work.
Respondent identity
Identify the actual employer, contractor or business role. A client label alone does not determine the statutory category or disciplinary authority.
Immediate control
List who can change access, meetings, reporting arrangements and work allocation while the competent complaint process is being identified.
What can my employer's committee do, and what needs another route?
The committee at the aggrieved woman's workplace can inquire into a complaint against an employee of another workplace. In Dr. Sohail Malik v Union of India, decided on 10 December 2025, the Supreme Court rejected the argument that section 11 permits proceedings only before the committee at the respondent's own workplace. A different employer is therefore not, by itself, a reason to refuse the complaint or send the woman elsewhere.
The judgment separates the authority to inquire into facts from the authority to enforce the findings. The woman's workplace committee may send its report and recommendations to the respondent's employer for action under the applicable rules. The Court also emphasised the respondent employer's duty to cooperate and supply information under section 19(f). Ask your committee to explain that coordination instead of treating the difference in payrolls as a jurisdictional dead end.
The case involved employees of different Central Government departments. Its discussion of a preliminary inquiry followed by formal proceedings under the CCS (CCA) Rules concerns that service framework. Do not copy that two-stage government procedure automatically into a private company's policy. The applicable service rules and prescribed process still matter, as do a fair hearing and the respondent's opportunity to answer.
A true non-employee outsider requires separate assessment. The judgment does not give a committee unlimited power to suspend, dismiss or make payroll deductions against an independent customer with no employment relationship. Section 19's safety and assistance duties remain relevant. Identify whether the person is another organisation's employee, a contractor within the broad definition or an independent outsider before deciding which further action is available.
Do not assume an informal joint panel made by two companies automatically replaces a lawfully constituted statutory committee. Ask who is deciding, under which authority and what record will result. A commercial escalation meeting may be useful for immediate arrangements, but it is not necessarily the statutory inquiry.
What does section 19 require where the person is not an employee?
Section 19(a) requires the employer to provide a safe working environment including safety from persons coming into contact at the workplace. Clauses (g) and (h) address assistance with criminal complaints and action against perpetrators, including the situation where the perpetrator is not an employee and the aggrieved woman desires action. The Act therefore expressly contemplates more than misconduct by direct colleagues.
Ask the employer how it will implement those duties on the actual facts. It may control invitations, visitor access, the channel through which the client communicates and whether you must attend a meeting alone. It may also hold the records needed to identify the person and prove the work connection.
Do not read section 19 as a guarantee of a particular commercial sanction. Whether a contract can be terminated or a person excluded from another company's premises may depend on facts and contractual powers. The employer should assess those options, but a blog cannot promise that every complaint gives the woman a right to dictate the business relationship's outcome.
The Ministry's handbook also treats workplace prevention and employer responsibilities as part of the response. Its practical guidance should be read alongside the statutory text. It does not turn an employer's Internal Committee into a police station or remove the need for the correct legal process.
Which records show what happened and who can act?
Build one factual file and a short organisational note. The factual file explains the alleged conduct. The organisational note identifies the workplaces, employers, client relationship and records held by each. Keeping them distinct helps avoid burying the incident under a long contractual discussion.
| Record | What it establishes | Who may hold it |
|---|---|---|
| Meeting invitation or work assignment | Purpose and connection to employment | Your employer, client or project system |
| Messages and attachments | Words, sender, timing and surrounding context | Relevant accounts and server custodians |
| Visitor, travel or access record | Presence and movement at the location | Premises operator or travel administrator |
| CCTV for a specified place and period | Potential visual corroboration | Security or facilities team |
| Respondent's role and employer details | Possible disciplinary authority and committee route | Client management or contracting records |
Ask for preservation promptly, especially for records that may be overwritten. Specify the date, time range, location and likely custodian. A demand to preserve "all evidence everywhere" is harder to implement than a request for the meeting-room camera between identified times and the associated entry log.
Preservation is not the same as a right to receive every record immediately. The custodian may need to supply material through the committee or another lawful process. Ask for confirmation that it has been retained and where requests should be directed.
What if my employer and the client keep sending me back to each other?
Create a single chronology of submissions and responses. Refer the woman's workplace committee to Dr. Sohail Malik if its only objection is that the respondent works for the client. Ask each organisation to identify the inquiry, cooperation and implementation responsibilities in writing. Do not rely on a phone call saying the other company has taken over when nobody has acknowledged the complaint.
Send the same accurate incident account when a further filing is required, and explain the earlier submissions. Correct mistakes transparently rather than creating slightly different versions to fit each company's preferred description. Attach the original receipt and the referral email.
Section 9 ordinarily provides three months from the incident or last incident in a series, with a possible further extension of up to three months where circumstances prevented filing and reasons are recorded. A jurisdiction discussion does not automatically suspend that clock. If time is an issue, set out the dates and seek the necessary extension expressly.
Where no competent committee can be identified, or the complaint is against the employer himself, obtain advice on the Local Committee and District Officer route under section 6 and the specific workplace facts. Do not assume the Local Committee has unlimited jurisdiction over every disagreement between two large companies simply because both HR teams are unhelpful.
The immediate objective is a provable receipt with a body that can decide the complaint, together with employer action on safety and evidence. A commercial relationship should not become a procedural maze in which nobody records the allegation.
Can HR solve the problem by removing me from the account?
A temporary change may be a useful safety arrangement if properly considered, but it should not be presented as punishment for complaining. Ask what will change, for how long, who will review it and whether it affects pay, status, appraisal or career opportunities. Record whether you requested or agreed to the change.
Section 12 allows specified interim recommendations during inquiry on the aggrieved woman's written request. Those can include transfer of her or the respondent and additional leave. The provision should not be used as a loose label for every unilateral management action. Ask whether the change is a committee recommendation, an agreed safety measure or an ordinary employment decision.
If you prefer to remain on the project with another meeting contact, propose that option and explain why it is workable. If continued contact is unsafe, say so clearly. The appropriate arrangement depends on the risk, workplace powers and the actual process, not on an assumption that the complainant must always leave.
Preserve earlier performance and account-allocation records if the change creates an employment dispute. A later claim about lost opportunity will be easier to assess if the original role, targets and responsibilities are documented. Do not exaggerate a temporary operational change into a dismissal, but do not accept a misleading description of a substantial demotion either.
Must I accept a client apology or private payment?
No one should record that you requested statutory conciliation if you did not. Section 10 permits conciliation before inquiry at the aggrieved woman's request and prohibits a monetary settlement as its basis. An account manager's desire to preserve a contract is not a substitute for that request.
If an apology or conduct arrangement is proposed, read the exact terms and identify who is responsible for compliance. A promise that the client will "behave professionally" may leave practical questions unanswered: who communicates with you, whether private messages stop, who attends meetings and whom you contact if the terms are breached.
Do not sign a false factual denial in return for release of salary, reimbursement or belongings. Those obligations should be identified separately. Compensation following a proved complaint under the statutory process is also different from money offered as the basis for conciliation.
A private arrangement may raise additional contractual and criminal-law issues depending on its terms and the alleged conduct. Have the actual document reviewed rather than assuming that the word "settlement" ends every legal process. Keep the original proposal and any changes, especially where a party later disputes what you agreed.
Common mistake. Accepting a verbal assurance that the client has apologised and the file is closed, without seeing the statement, confirming your own position or recording how future contact will be managed.
When should a police complaint be considered?
Consider it promptly where the facts may disclose a criminal offence, and immediately where safety is at risk. Section 19 expressly addresses employer assistance where the woman chooses that route. The exact offence depends on the conduct and the substantive law applicable to its date, so the complaint should begin with facts rather than copied provisions.
Describe the touching, words, threats, messages or other acts accurately. Identify the place, date, respondent and witnesses. State which records the employer or client holds and preserve the original communications. An internal report may be relevant material, but you do not need to manufacture one before seeking advice about the criminal route.
A police process and a workplace process have different functions. Ask your adviser how they should be coordinated and disclose relevant developments to the appropriate authority. Do not assume that filing one automatically stays the other or guarantees a particular outcome.
The employer can assist with identifying records and providing a safe contact person without taking over your account of events. Read any statement before signing it. If a company representative drafts the complaint, correct words you did not use and facts you cannot confirm. A polished statement is not useful if it is inaccurate.
What should an employer record when the complaint concerns an important client?
Record the same basic decisions the organisation would need for any credible workplace concern: immediate risk, records to preserve, respondent status, competent process, practical work arrangements and responsible decision-makers. Commercial importance should not replace that assessment.
Separate the account-management discussion from the complaint decision. The person whose revenue target depends on the client may provide relevant organisational facts, but should not be the sole gatekeeper deciding whether the woman can complain. Document conflicts and route the matter to people able to act independently within their authority.
Communications with the client should be accurate, restricted and directed to an appropriate recipient. Do not circulate allegations as proved facts. Ask for preservation and cooperation without promising that the employer can predetermine another organisation's disciplinary decision.
After arrangements are made, confirm them to the people who must implement them. A security restriction that never reaches the reception team or a no-private-meeting arrangement unknown to the project manager may fail in practice. Share the instruction needed for implementation while withholding unnecessary complaint details.
What should I have in my file before the next client interaction?
You should have the complaint receipt, the names of the bodies handling it, confirmation of key preservation requests and a written work arrangement. If one of those is missing, follow up on that precise gap. Ask who will intervene if the respondent contacts you directly despite the arrangement.
Keep a copy of the relevant policy and any applicable committee notice. Record changes in the client's contact person or your reporting structure. If HR says it has closed the matter, request the decision and reasons, not merely the word "resolved" in an account-management email.
If the response remains a refusal based solely on payroll status, have that refusal reviewed with the work records and respondent details. The available challenge depends on whether the issue is committee jurisdiction, employer failure, non-implementation, a criminal allegation or a separate employment action. These should be identified accurately before choosing a forum.
Complaint receipt
Keep the original filing and every referral. Confirm which body has accepted the matter and what additional information it actually needs.
Safe next meeting
Record the contact person, attendance arrangement and escalation route so the next client interaction does not depend on another verbal assurance.
Preserved records
Track the messages, access logs and video requested for retention, identifying the custodian and any acknowledgment before normal deletion occurs.
For a worker placed at a client site through a staffing agency, add one more page to the file: the agency contact, the site supervisor, who controls attendance and who can change the assignment. A safety instruction from the agency may be ineffective if the site supervisor has not received it. Ask the organisations to confirm who will implement each part, without requiring you to carry confidential allegations between several managers.
If the proposed arrangement affects travel, accommodation or a late shift, check the practical consequences before accepting it. A different meeting location may still leave you dependent on the respondent for transport. State that problem and propose a workable alternative. The purpose of the written arrangement is to make the next work interaction safe and predictable, not merely to produce an email saying action was taken.
Frequently Asked Questions
Can HR reject the issue because the person is a customer?
That is not a complete response to the employer's safety duties. Respondent status affects the process and powers available, but section 19 expressly addresses workplace outsiders.
Can my company's committee dismiss the client's employee?
The woman's workplace committee can inquire even if the respondent works elsewhere, but the respondent's employer takes the relevant disciplinary action under the applicable framework. Your employer may also control access and work arrangements.
Does a business dinner outside the office qualify?
It may, depending on its connection to employment. Preserve the invitation, assignment and surrounding facts rather than relying only on the venue or time.
Must I first complain to both companies?
No blanket rule requires duplicate complaints. The woman's workplace committee is not disqualified merely because the respondent has another employer. Record earlier filings and coordinate evidence and implementation responsibilities.
Does an HR referral extend the complaint deadline?
Not automatically. Section 9's ordinary period and limited extension remain relevant. Preserve the referral history and request an extension expressly where needed.
Can the employer ask me to leave the project temporarily?
The purpose, authority and consequences should be clear. Ask whether it is an agreed safety arrangement, a committee recommendation or another employment decision, and record any effect on pay or status.
Can I ask for police assistance before the committee finishes?
Yes, where the facts warrant that route. The employer's assistance duties and the criminal process should be assessed without assuming an internal finding is a prerequisite.
What if the client owns the workplace?
Examine whether the person is the employer within section 2(g). A complaint against the employer himself raises the Local Committee provision, but the person's actual role must be established.
This article is for general informational purposes only and does not constitute legal advice. Consult a qualified advocate for advice on your specific situation.
