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.
