The Prevention of Sexual Harassment at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (POSH Act), mandates every organization to cultivate a workplace free from sexual harassment and raise awareness among employees about their rights under the Act. The Act specifically requires organizations with more than ten employees to establish an Internal Committee (IC) to spearhead the organization’s efforts towards a safe and harassment-free workplace.

A crucial aspect of the POSH Act is the annual reporting requirement, which serves as a mechanism for the government to monitor organizations’ compliance with the Act and assess the prevalence of sexual harassment in workplaces.

Addressing Common POSH Reporting Concerns:

1. Purpose of Annual Report Submission: Annual report submission is a means for the government to gauge the effectiveness of POSH implementation across organizations and identify areas where improvements are needed. These reports provide valuable insights into the frequency and nature of sexual harassment incidents, allowing the government to make informed decisions regarding policy enhancements and awareness-raising initiatives.
2. Consequences of Non-Compliance: Failure to submit any of the mandated annual reports is considered a violation of the POSH Act, attracting a penalty of INR 50,000 for the first offense. Repeat offenses may result in the cancellation, withdrawal, or non-renewal of the organization’s license or certificate to conduct business.
3. Contents of the IC’s Annual Report: The IC’s annual report should comprehensively cover the following aspects:

a. The number of sexual harassment complaints filed during the year. b. The number of complaints resolved within the stipulated timeframe. c. The number of complaints pending for resolution beyond ninety days. d. The details of actions taken by the employer in response to complaints. e. The number of workshops or awareness programs conducted to promote POSH awareness.

Employer’s Annual Report: The employer’s annual report should include a summary of the IC’s annual report, highlighting the number of complaints filed, the actions taken, and the organization’s efforts to prevent sexual harassment.

Ensuring Compliance with POSH Reporting Mandates:

Organizations must diligently adhere to the POSH Act’s annual reporting requirements by:

1. Establishing a Clear Reporting Process: Clearly define the procedures for submitting complaints to the IC, ensuring that employees are aware of their rights and the support available.
2. Maintaining Accurate Records: Maintain thorough records of all sexual harassment complaints, including the date of filing, details of the incident, and the actions taken.
3. Preparing Annual Reports: Prepare comprehensive annual reports in the prescribed format, ensuring they accurately reflect the organization’s POSH compliance efforts.
4. Submitting Reports Timely: Submit the IC’s annual report to the employer and the District Officer within the specified timeframe.
5. Including Employer’s Summary: Incorporate the employer’s summary into the organization’s annual report for submission to the Registrar of Companies.

By adhering to these guidelines, organizations can demonstrate their commitment to creating a safe and respectful workplace free from sexual harassment.