POSH Act Compliance: A Must-Have Checklist for Annual Reporting

The Prevention of Sexual Harassment (POSH) Act, 2013, represents a significant advancement in creating safe and inclusive workplaces across India. This legislation mandates that organizations provide a work environment free from harassment and establishes rigorous procedures for addressing and resolving complaints related to sexual harassment. To ensure accountability and transparency, the Act requires organizations to adhere to specific compliance measures, with the filing of an annual report being a crucial component.

The annual report serves not only as a mechanism for demonstrating adherence to legal obligations but also as a reflection of an organization's internal culture and commitment to promoting gender equality. The data collected in these reports offers valuable insights into workplace dynamics, including the number of sexual harassment cases and the effectiveness of the responses implemented. Such transparency encourages organisations to refine their internal policies, address any compliance gaps, and enhance safety for all employees.

Filing the annual report is essential for fulfilling POSH compliance. This report must detail key information, such as the number of complaints received, resolved, and pending for over 90 days, as well as the actions taken and corrective measures implemented. It is vital that this report is submitted to the District Officer within the required timeframe each year.

Below are the Key Compliance Requirements:

1. Is Your Internal Committee (IC) Properly Constituted and Functional?

A key requirement under POSH compliance is the proper formation of the Internal Committee (IC). Employers with 10 or more employees must establish an IC to address and resolve complaints of sexual harassment. The committee must be chaired by a senior woman employee, and at least 50% of its members must be women. Furthermore, to ensure impartiality, an external member—ideally from an NGO or with legal expertise—must also be included.

According to Section 4 (i) of the Act, every employer must issue a written order constituting the IC. If your organization has multiple locations or administrative units, separate ICs should be formed for each unit or office.

Here are some important questions to consider:

• Is your IC composed as per the requirements of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013?

• Have you conducted an orientation program for IC members? If yes, please provide the dates of such programs.

• Do you organise capacity-building and skill development workshops for IC members? If yes, please provide the number of workshops held in 2022 and 2023.

• Are necessary facilities provided to the IC for handling sexual harassment cases?

  
  

This ensures that your organisation not only meets compliance but also empowers the IC to function effectively and impartially.

2. Are You Conducting Regular Awareness Programs?

Raising awareness is a key compliance requirement under the POSH Act. Employers must organize workshops and seminars to educate employees about sexual harassment and reporting procedures, while also providing specialized training for IC members to handle complaints effectively.

To meet compliance, ensure that your organization:

• Conducts regular workshops, seminars, or awareness programs to inform employees about sexual harassment policies and the consequences of violations. Make sure these programs include all employees, including contractual staff such as security personnel, drivers, and cleaners.

• Provides both in-person and virtual programs, including instructor-led sessions and e-learning modules in multiple languages, ensuring accessibility for everyone.

• Communicates employees' rights under the POSH Act, offering support to those affected by harassment, including psychological assistance and help in accessing the complaints committee.

• Facilitates legal assistance for victims, ensuring they are supported in filing criminal complaints with the police if necessary.

  
  

By ensuring these measures are in place, you not only foster a safer work environment but also demonstrate a commitment to legal compliance and employee well-being.

3. Have You Displayed Notices at Prominent Locations in Your Organization?

Clear communication of your organization's policies on sexual harassment is crucial for fostering a safe workplace. One fundamental step is prominently placing notices that inform employees about the organization's stance on sexual harassment and the consequences for such behaviour.

• Visibility Matters: These notices should be displayed in key areas, such as break rooms, entrances, and hallways, serving as constant reminders of your commitment to a respectful environment.

• Essential Content: The notices must clearly define what constitutes sexual harassment, detail the reporting procedures, and outline potential consequences for violators. This empowers employees to understand their rights and the seriousness of the issue.

• Encouraging Reporting: The notices should also encourage employees to report incidents without fear of retaliation, building trust and demonstrating your organization’s commitment to addressing these matters.

• Regular Updates: Regularly review and update these notices to reflect any policy changes or new legislation. Engaging employees through discussions or training sessions can reinforce their importance and promote a culture of accountability.

  
  

By implementing visible notices regarding sexual harassment policies, your organisation takes a significant step toward creating an inclusive and supportive workplace.

4. Is Sexual Harassment Defined as Misconduct in Your Employment Contract?

It is crucial for organizations to explicitly categorize sexual harassment as a form of misconduct in their employment contracts and related policies. This definition serves as a clear guideline for employees, helping them understand the organization’s zero-tolerance stance on such behavior. By clearly stating that sexual harassment is considered a serious violation, organizations not only align with legal requirements but also promote a safe and respectful workplace culture.

5.     Are You Upholding Confidentiality and Ensuring Proper Record Keeping?

Upholding confidentiality is essential when addressing sexual harassment complaints. Organizations must securely maintain all records pertaining to complaints, investigations, and resolutions to protect the integrity of the process. It is vital to safeguard the identities of both the complainant and the accused to prevent any unauthorized disclosures.

Furthermore, the Internal Committee (IC) should meticulously document its meetings and proceedings, ensuring that all records are accurate and comprehensive. This practice not only fosters trust in the complaint process but also complies with legal obligations.

Conclusion

Failure to comply with the POSH Act can result in severe consequences, including fines of up to INR 50,000 for the first violation. Continued non-compliance can lead to higher penalties or even the cancellation of the organization’s business licenses. Beyond the legal implications, non-compliance can severely damage an organization’s reputation, undermining its credibility and standing in the industry.

Adhering to the compliance requirements of the POSH Act is not merely a legal formality—it reflects an organization’s commitment to fostering a safe, respectful, and inclusive workplace. By following this comprehensive checklist, organizations can fulfill their obligations under the law while creating an environment where all employees feel protected and valued.