Section 12 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
While an inquiry is going on, the aggrieved woman may need a change in her working arrangements. Section 12 allows the committee, on her written request, to recommend that the employer transfer either party, grant her leave of up to three months, or give other relief set out in the Rules. The employer must implement what is recommended and report back. If you are an employer deciding how to act on such a recommendation, our employment and labour law advisory team can help.
During the pendency of an inquiry, on a written request made by the aggrieved woman, the Internal Committee or the Local Committee may recommend to the employer to transfer the aggrieved woman or the respondent to another workplace, grant her leave up to three months, or give other relief as prescribed (Rule 8). The leave is in addition to leave she would otherwise be entitled to. The employer shall implement and send a report of implementation to the committee.
Source and names
We follow the consolidated text of the Act consulted (it shows one amendment, Act 23 of 2016, with effect from 6 May 2016); later amendments and notifications should be checked. The 2016 change of name of the committees is shown in the footnotes. The copy of section 12(1) prints "the local Committee" in lower case and "relief to the aggrieved woman a may be prescribed"; both are printing slips. The Rules are cited from the copy consulted (the Rules as notified on 9 December 2013).
Sub-section (1): what the committee may recommend
"During the pendency of an inquiry on a written request made by the aggrieved woman, the Internal Committee or the local Committee, as the case may be, may recommend to the employer to" do one of three things.
| Clause | Recommendation | Note |
|---|---|---|
| (a) | Transfer the aggrieved woman or the respondent to any other workplace | Either party may be moved, not only the respondent |
| (b) | Grant leave to the aggrieved woman up to a period of three months | A ceiling, not a fixed entitlement |
| (c) | Grant such other relief to the aggrieved woman as may be prescribed | Filled by Rule 8 |
Four points follow from the wording.
- It is tied to the inquiry. The relief is available "during the pendency of an inquiry". The inquiry itself is dealt with in section 11; see Inquiry Process Under POSH Act, Section 11.
- It needs the woman's written request. The committee cannot recommend under this sub-section of its own motion. The request must be in writing.
- It is a recommendation. The committee "may recommend". The decision on whether to recommend is the committee's.
- The transfer can go either way. Clause (a) lets the committee recommend the transfer of "the aggrieved woman or the respondent". The text does not say that the aggrieved woman is to be moved only with her agreement, and it does not say who is to be moved first; the committee decides what to recommend.
"Any other workplace"
The words "any other workplace" tie back to the definition of workplace in section 2(o); see our article on the second part of section 2. A transfer could therefore be to another unit or office of the same employer that falls within the definition.
Sub-section (2): leave in addition
"The leave granted to the aggrieved woman under this section shall be in addition to the leave she would be otherwise entitled." So leave under section 12 does not reduce her ordinary leave balance. The text does not say whether the leave is paid; it is silent on pay. For anything about wages, service rules or leave under other labour law: the four Labour Codes are in force from 21 November 2025; check the current position before relying on any other labour law.
Sub-section (3): employer must implement and report
"On the recommendation of the Internal Committee or the Local Committee, as the case may be, under sub-section (1), the employer shall implement the recommendations made under sub-section (1) and send the report of such implementation to the Internal Committee or the Local Committee, as the case may be."
- Shall implement. The word is "shall", not "may". Once the committee has made a recommendation under sub-section (1), the employer is to implement it.
- Shall report. The employer sends a report of the implementation to the committee. The text does not print a time or form for this report.
The employer's failure to act can be relevant under section 26, which penalises an employer who contravenes other provisions of the Act; see our article on section 26.
Rule 8: the other relief
Section 12(1)(c) says "as may be prescribed". Rule 8 of the Rules, as notified, says the Complaints Committee (rule 2(c) defines this as the Internal Committee or the Local Committee), at the written request of the aggrieved woman, may recommend to the employer to:
- (a) restrain the respondent from reporting on the work performance of the aggrieved woman or writing her confidential report, and assign the same to another officer; and
- (b) in the case of an educational institution, restrain the respondent from supervising any academic activity of the aggrieved woman.
The copy of the Rules prints "at the. written request"; this is a printing slip. See our article on Rules 8 and 10-12.
What the section does not say
The text of section 12 does not say how quickly the committee must decide on a request, how long a transfer lasts, whether the woman can refuse an offered transfer, or whether the leave may be taken in parts. We give no answer where the text is silent. Employers and committees should record the request, the recommendation and the implementation in writing.
An example
Asha, an accountant, has complained about a senior colleague, Rajiv. The inquiry has started. She gives the Internal Committee a written request asking that Rajiv stop writing her performance review while the inquiry is pending. Under Rule 8(a), the committee may recommend that the employer restrain him from reporting on her work performance and assign the task to another officer. The employer implements the recommendation and sends a report of implementation to the committee, as sub-section (3) requires. Asha does not ask for leave, so clause (b) does not come into play.
Need help with interim relief and the employer's report?
Employers sometimes receive a recommendation under section 12 and are unsure how to implement it without prejudging the inquiry. Our employment and labour law advisory practice can help you set up the steps, the record and the report back to the committee.
Key takeaways
- Relief under section 12 is available during the pendency of an inquiry, on the aggrieved woman's written request.
- The committee may recommend transfer of either party, leave up to three months, or other relief under Rule 8.
- The leave is in addition to the leave she is otherwise entitled to.
- The employer shall implement the recommendation and send a report of implementation to the committee.
- The text is silent on timing, pay during leave and the form of the report.
Read next
- Section 10 of the POSH Act, 2013: conciliation before inquiry
- Section 13 of the POSH Act, 2013: inquiry report and action by employer
- Rules 8 and 10-12 of the POSH Rules, 2013
- Inquiry Process Under POSH Act, Section 11
Disclaimer: Based on a consolidated text of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 showing one amendment (Act 23 of 2016, 6 May 2016) and on a copy of the Rules of 2013 as notified on 9 December 2013, as consulted on 2 October 2026. Later amendments, State rules and notifications, and the position under the Labour Codes in force from 21 November 2025 should be checked. This article is general information, not legal advice; check the official text before acting.