Who is an aggrieved party under the PoSH 2013 Act?
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, commonly called the PoSH Act, was designed with a deliberately wide lens. It recognises that workplaces are not just offices and factories; they are any spaces where work happens or work-related interactions occur. With that understanding, the Act defines an aggrieved woman broadly: she need not be an employee to claim protection.
In practice, this means that clients, vendors, applicants, visitors, customers, and even domestic workers on an employer’s premises can be an aggrieved party if they experience sexual harassment connected to the workplace. For example, a woman who attends an on-site interview and faces inappropriate comments, or a supplier who receives sexually charged messages from a staff member during a pitch, falls squarely within the Act’s protective ambit.
Why this matters: the law acknowledges power and positional dynamics that go beyond formal employment. Many harms occur in grey zones, at off-site meetings, during business travel, or over virtual interactions, and the PoSH Act removes the artificial barrier that previously denied protection simply because someone was a “visitor.” The legal idea is simple but profound: workplace dignity is a right of presence as much as a right of employment.
Who is an employee under the Act?
The PoSH Act intentionally uses an expansive definition of “employee” so the law can serve both organised and unorganised sectors. Under the statute, an employee covers a wide range of work relationships: regular and temporary staff, daily wage workers, consultants, contract labourers, apprentices, trainees, probationers, volunteers, and even persons employed through an agent. The definition also covers persons engaged onsite for a particular purpose, for instance, a contractual technician or a visiting consultant.
This generous framing does two things. First, it ensures that women in precarious or informal roles, who are often most vulnerable to harassment, have access to redress. Second, it prevents employers from evading responsibility by labelling workers as “contractors” or “third-party resources.” In short, the PoSH Act treats function over form: if the person is part of the workplace ecosystem, they are entitled to protection.
Practical implications for employers and ICs
For HR teams, legal counsel, and Internal Committees (ICs), these definitions create operational responsibilities that go beyond drafting a policy and pinning it on the noticeboard.
Policy scope must be inclusive. Employers should explicitly state that PoSH protections extend to visitors, consultants, vendors, and contractual staff. Job offers, vendor onboarding packs, interview packets and visitor protocols should all reference the PoSH policy and IC contact details.
Awareness must reach beyond payroll. Training sessions should include contractors, temporary staff, interns, and partner organisation employees who work on-site or engage virtually. A one-off session for “employees only” is insufficient.
Complaint channels must be accessible. Provide multiple avenues for reporting, email, secure online forms, a helpline, and a named IC contact. For visitors or applicants, signage at reception with IC contact details can make a material difference.
Investigations must consider context. When the aggrieved person is a visitor or contractor, the IC should proactively consider interim measures, for instance, rescheduling client meetings, assigning alternate points of contact, or providing escort provisions, to prevent further exposure during the inquiry.
Vendor contracts should include PoSH clauses. Organisations should require partner firms and contractors to certify adherence to PoSH norms, and to nominate a responsible contact person for complaints arising from joint work.
Why are the broad definitions important?
Two realities make the inclusive framing vital. First, power is not limited to the employer–employee axis; clients, senior stakeholders, and even third-party personnel can exercise coercion or create hostile environments. Second, women in informal or temporary roles often lack the institutional leverage to complain. By wrapping protection around presence and participation, not just paychecks, the Act seeks to correct structural inequality.
At a human level, the message is simple: workplaces must protect dignity for everyone who comes through their doors or engages in work-related tasks. Legally, the Act arms organisations with a framework to act; ethically, it asks them to do the right thing.
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