Cross‑Organizational POSH Jurisdiction – Latest Legal Updates

 Cross‑Organizational POSH Jurisdiction – Expanding Reach of Internal Committees

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) mandates every employer to constitute an Internal Committee (IC) to address complaints of sexual harassment. Traditionally, the jurisdiction of an IC was limited to employees of the same organization. However, recent judicial interpretations have broadened this scope, recognizing that harassment can occur in cross‑organizational settings.

Latest Legal Developments

• In 2025, the Delhi High Court observed that Internal Committees may hear complaints involving employees of different organizations if the incident occurred in a shared workplace or during professional interactions.

• The Ministry of Women and Child Development has issued clarifications emphasizing that ICs must not dismiss complaints merely because the respondent belongs to another employer.

• This interpretation aligns with the POSH Act’s objective: ensuring a safe workplace for women, irrespective of contractual boundaries.

Why This Matters for Employers

• Shared Workspaces: Co‑working offices, joint ventures, and vendor premises are common today. Employers must recognize that IC jurisdiction can extend to these environments.

• Client Interactions: If harassment occurs during client meetings or vendor visits, the IC of the complainant’s employer may still be competent to investigate.

• Vendor Contracts: Organizations should include POSH compliance clauses in contracts with vendors and partners, ensuring cooperation in investigations.

Compliance Steps for HR Managers [FREE]

1. Update POSH Policy: Explicitly mention that complaints involving external parties will be entertained by the IC.

2. Train IC Members: Ensure they understand jurisdictional expansions and coordinate with external organizations when required.

3. Document Cooperation: Maintain written records when seeking information or witnesses from another employer.

4. Avoid Technical Dismissals: Do not reject complaints solely because the respondent is not on your payroll.

Conclusion The evolving interpretation of POSH jurisdiction reflects the realities of modern workplaces. Employers who proactively adapt policies and train ICs will not only stay compliant but also demonstrate genuine commitment to workplace safety.

Disclaimer : The information provided for general educational purposes only. It does not constitute legal advice and should not be relied upon as such. Readers should consult qualified professionals for specific compliance or legal matters.