POSH Act and requirement of filing Annual report for 2022 by 31st January, 2023

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.

 

Following is a gist of information with respect to compliance under POSH Act (Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013).

1. POSH Act is applicable on every Company, workspace, establishment or organisation employing 10 or more employees whether full time, part time, interns or on contract, irrespective of its nature of industry of location.
2. Internal Complaints Committee has to be mandatory set up in each establishment with 3 members & 1 external member in case of bigger entities
3. Formulation of Internal POSH Policy.
4. Workshops, Awareness and Orientation Programs has to be Organised 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.
6. The due date to file the report with the District Officer is 31st of January for every year for the preceding calendar year.
7. 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 (INR 50,000).
8. Disclosure regarding the POSH act compliances must be reported every year in Board report of the Company.

Please find attached a brief note.

POSH Act