Section 2 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.
Section 2 is the dictionary of the Act. This article covers clauses (a) to (g): who is an aggrieved woman, which Government is the appropriate Government, and what the Act means by Chairperson, District Officer, domestic worker, employee and employer. These words decide who can complain, to whom, and who must act. If you are unsure who counts as the employer or which persons are employees in your structure, our employment and labour law advisory team can help you map it.
An aggrieved woman at a workplace is a woman "of any age whether employed or not" who alleges sexual harassment by the respondent; in a dwelling place or house, she is a woman of any age who is employed there. An employee covers regular, temporary, ad hoc and daily wage staff, contractors' people, volunteers, trainees and apprentices. The employer is the head of a Government unit, or the person responsible for management, supervision and control of a private workplace.
How to read this article
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 copy still carries the older name "Local Complaints Committee" inside clause (c), and we quote it as printed. The rest of section 2 is in the second part of this series. Clause (n), the meaning of sexual harassment, has its own post: What Constitutes Sexual Harassment, Section 2(n).
Clause (a): aggrieved woman
The Act protects the "aggrieved woman". Clause (a) has two limbs.
- Sub-clause (i), in relation to a workplace: "a woman, of any age whether employed or not, who alleges to have been subjected to any act of sexual harassment by the respondent".
- Sub-clause (ii), in relation to a dwelling place or house: "a woman of any age who is employed in such a dwelling place or house".
Notice the difference. At a workplace, the woman need not be an employee at all. A visitor, a client's representative or a job applicant who alleges an act by the respondent fits the words "whether employed or not". At a dwelling place or house, the Act speaks only of a woman who is employed there. Age is not a limit in either limb.
Clause (b): appropriate Government
"Appropriate Government" matters because the Act hands out roles to it, such as notifying the District Officer. The clause says:
- for a workplace established, owned, controlled or wholly or substantially financed by funds provided directly or indirectly by the Central Government or the Union territory administration, it is the Central Government;
- for a workplace so connected with the State Government, it is the State Government;
- for any other workplace falling within its territory, it is the State Government.
Clause (c): Chairperson
"Chairperson" means the Chairperson of the Local Complaints Committee (the copy's printed wording) nominated under sub-section (1) of section 7. So this is not the Presiding Officer of the Internal Committee; that is a separate term under clause (l), dealt with in part two.
Clause (d): District Officer
"District Officer" means an officer notified under section 5. The copy prints "means on officer notified"; that is a printing slip for "an officer". The notification and duties of the District Officer are in our article on sections 5 and 20.
Clause (e): domestic worker
A domestic worker is "a woman who is employed to do the household work in any household for remuneration whether in cash or kind, either directly or through any agency on a temporary, permanent, part time or full time basis". The clause excludes "any member of the family of the employer". Note that the definition speaks of a woman only. For minimum wage questions of domestic workers, see our post on minimum wages for domestic workers.
Clause (f): employee
The definition of "employee" is wide. It means a person employed at a workplace for any work on regular, temporary, ad hoc or daily wage basis, either directly or through an agent, including a contractor, with or without the knowledge of the principal employer, whether for remuneration or not, or working on a voluntary basis or otherwise, whether the terms of employment are express or implied. It "includes a co-worker, a contract worker, probationer, trainee, apprentice or called by any other such name".
Three points follow from the words.
- Pay is not a test. "Whether for remuneration or not" and "working on a voluntary basis" bring unpaid and voluntary workers inside.
- The written contract is not a test. Terms of employment may be "express or implied", and the person may be called by "any other such name".
- Contract staff count. Employment "through an agent, including a contractor, with or without the knowledge of the principal employer" is covered. For the contract labour side, see our guide on principal employer obligations under the Contract Labour Act, 1970.
The four Labour Codes are in force from 21 November 2025; check the current position before relying on any other labour law.
Clause (g): employer
"Employer" has four sub-clauses.
| Sub-clause | Where | Who is the employer |
|---|---|---|
| (i) | A department, organisation, undertaking, establishment, enterprise, institution, office, branch or unit of the appropriate Government or a local authority | The head of that unit, or such other officer as the appropriate Government or local authority specifies by an order |
| (ii) | Any workplace not covered by (i) | Any person responsible for the management, supervision and control of the workplace |
| (iii) | Workplaces covered under (i) and (ii) | The person discharging contractual obligations with respect to his or her employees |
| (iv) | A dwelling place or house | A person or a household who employs or benefits from the employment of a domestic worker, irrespective of the number, time period or type of worker, or the nature of the employment or activities |
An Explanation to sub-clause (ii) says that "management" includes the person or board or committee responsible for formulation and administration of policies for the organisation. The copy prints "polices"; that is a printing slip. In a company, then, the employer for the Act may be the person running the workplace or the board or committee that frames its policies, and the Act does not name one fixed office-holder.
An example
Farida is a trainee at a logistics company, working at its warehouse through a placement agency. She is on a stipend and her agreement is only an email. Under clause (f) she is an employee: trainees are listed, the agency route is covered, and an implied term is enough. Separately, Ms Joshi, a visitor from a supplier, alleges conduct by a manager while at the warehouse. Under clause (a)(i) a woman visitor can still be an aggrieved woman, since the clause says "whether employed or not".
Need help with applying these definitions?
Questions about contractors, interns, agency staff or a shared office often turn on these clauses. Our employment and labour law advisory practice can review your set-up and tell you who is covered and who must act as the employer.
Key takeaways
- An aggrieved woman at a workplace can be a woman "whether employed or not"; in a dwelling place or house the woman must be employed there.
- "Employee" includes contract workers, probationers, trainees, apprentices and volunteers; pay and written terms are not tests.
- The employer in a private workplace is any person responsible for management, supervision and control; "management" includes the person, board or committee that frames policies.
- A domestic worker is a woman; family members of the employer are excluded.
- The copy prints "on officer" in clause (d) and "polices" in the Explanation to clause (g); both are printing slips.
Read next
- Section 2 of the POSH Act, 2013: workplace, Internal Committee, Local Committee and unorganised sector
- Section 3 of the POSH Act, 2013: the five circumstances
- Sections 5 and 20 of the POSH Act, 2013: District Officer
- Minimum Wages for Domestic Workers: State Notifications
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.