POSH Act & Requirement of filing Annual report

 

POSH Act & Requirement of filing Annual report for 2023 by 31st January, 2024

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act was passed in 2013 and it got amended in 2023 with certain important stipulations. As an employer, it is very important for you to be aware of the provisions, the compliance requirements and the penalties for non-compliance.

 

As gender equality and women’s rights are in the forefront of the social and governance attention, any lapse in the compliance may have far-reaching implications.

 

Let us see a gist of the POSH Act compliance.

 

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act was passed in 2013, laying down the procedures for a complaint and inquiry, and the action to be taken.

 

1.    POSH Act is applicable on every Company, workspace, establishment or organization employing 10 or more employees whether full time, part time, interns or on contract, irrespective of its nature of industry of location.

 

It is applicable to all including proprietary, firms, companies or any other entity.

 

2. Internal Committee: Internal Complaints Committee has to be mandatory set up in each establishment with 1 Presiding Member, 2 Employee Members and  & 1 external members in case of bigger entities.

 

Presiding Officer who shall be a woman employed at a senior level at workplace from amongst the employees and at least one-half of the total Members so shall be women.

 

3.     Formulation of Internal POSH Policy.

 

Entity should formulate a POSH Policy and circulate it amongst its employees.

 

4.  Workshops, Awareness and Orientation Programs has to be Organized by the employer to the employees.

 

5.   Submitting Reports under the Act: The Internal Complaints Committee or the Local Committee, in every calendar year, shall prepare and submit an annual report to employer and district officer.

 

There is a specific format for this Annual Report.

 

The due date to file the report with the District Officer is 31st of January for every year for the preceding calendar year.

 

6.     Penalties: When the employer fails to constitute an Internal Committee or breaches provisions of this Act or any rules made thereunder, they shall be punishable with fine of fifty thousand rupees.

Extended penalties shall be:

·       Cancellation or withdrawal of his license.

·       Non-renewal, or cancellation of the registration.

·    The employer shall be punishable with fine which may extend to Rs. 50,000/- for the first offence.

 

7.     Disclosure regarding the POSH act compliances must be reported every year in Board report of the Company.