More than being a legal mandate, a safe, inclusive, and harassment-free workplace is a commitment to creating an organization that values its employees.
Under the POSH Act, 2013, organizations with 10 or more employees are required to comply with specific measures, including the submission of the POSH Annual Compliance Report. The Annual Compliance report evaluates the organization’s conformity to prevent sexual harassment, policies implemented, redressal of grievances, and a POSH awareness program.
We’ve created this guide that will walk you through everything you need to know about the POSHAnnual report: its purpose, preparation process, submission, and the critical role it plays in compliance.
What is the POSH Annual Compliance Report?
The POSH Annual Report is a formal document submitted to the District Officer that details an organization’s compliance with the POSH Act. This report serves as both a statistic and a compliance measure, ensuring the implementation ofpolicies to prevent and address sexual harassment at the workplace. The report performance also serves as a statistic and compliance measure necessitating the policies against sexual harassment at the workplace.
key content of the report
- Complaints Data:
- Total number of sexual harassment complaints received
- Total number of complaints resolved
- Cases pending for more than 90 days
- Actions Taken:
- Highlights all the measures implemented by the employer to address complaints
- Awareness Initiatives:
- Training sessions or programs conducted for employees to generate awareness
In a nutshell, the report underscores the proactive steps taken by the organization to create a safe and equitable work environment.
Why is the POSH Annual Compliance Report Important?
- Ensures Compliance: Reflects adherence to the legal requirements of the POSH Act
- Monitors Progress: Provides an overview of the organization’s efforts and practices put in place to combat workplace harassment
- Avoids Penalties: Non-compliance can lead to penalties up to ₹50,000 and repeated violations can ultimately lead to license cancellation
- Enhances Credibility: Highlights the organization’s commitment to creating safer workplaces, thus, improving employee trust and morale
Who is required to submit the POSH Annual Compliance Report?
The report is mandatory for all organizations with 10 or more employees.
- Internal Committee (IC): The committee responsible for preparing the report
- Employer: Responsible for the timely submission of the report to the District Officer
The District Officer, appointed by the government, monitors organizational compliance at the district level and may take desired action in cases of non-compliance.
How to Identify the District Officer?
- Government Websites: You can visit the Ministry of Women and Child Development or State Government Women and Child Development Department portals
- Contact Authorities: Reaching out to your local labor department for clarity is also advisable
- External POSH Member: Consult the external member of your IC for guidance
To seek help with locating and identifying a DO or filling your compliance as a whole, you can get in touch with us!
Now that we have discussed the intricacies of the report, let’s dive deeper into the process of filing it.
Step-by-Step Guide to Filing the POSH Annual Compliance Report
- Relevant Data Collection
- Gather credible statistics on the number of complaints received, resolved, and pending
- Document all the awareness and training programs conducted throughout the year
- Drafting the Report
- The report format must be in accordance to the POSH Rules, 2013
- It must include all mandatory details, like:
- Number of complaints
- Resolutions and actions taken
- Pending cases (especially those exceeding 90 days)
- Optionally, additional information such as training sessions and IC registration details can also be included
- Report Submission
- The report must be submitted to the District Officer. The officer could be the District Magistrate, Additional District Magistrate, or the Deputy Collector
- The report must conform to the submission guidelines specific to your state or district. For instance, in Gurugram a comprehensive checklist is provided to the employers by the Deputy Commissioner, Gurugram-cum-District Officer. We suggest following the checklist for 100% compliance.
- Submission Timelines
- The report is typically due to be submitted by 31st January for the preceding calendar year
- Record a copy of the POSH form that has been submitted for all relevant organisational evidence
- Consequences of Non-Compliance
- Penalties of up to ₹50,000 can be levied on the organization
- Penalties are likely to be more stringent, or the right to carry out business may be revoked, if such offences are committed frequently
Spot Compliance Gaps Using Our Free POSH Compliance Evaluator
When preparing for your POSH Annual report submission, it is critical for your organization to be fully compliant.
You can use the POSH Compliance Evaluator Tool created by NoMeansNo to help you succeed. This self assessment tool isn’t only user-friendly but it also provides you a clear picture on how well you are achieving the objectives set under the POSH Act.
The tool examines a number of areas including employee training, how complaints are lodged, the functioning of the Internal Committee, and recordkeeping. The evaluator however is more concerned with areas of non-compliance as it empowers HR and leadership to close these gaps. Be it confirming compliance or striving to be better, this tool is key in developing a culture of respect and safety.
Make use of the POSH Compliance Evaluator to eliminate needless bureaucracy and fortify your workplace, shifting to an era of effortless compliance.
Frequently Asked Questions
- What if I don’t file the POSH Annual Compliance Report?
- Non-compliance brings heavy sanctions, much distrust from employees, and tarnished reputation. Filing avails the legal requirements and the ethics of the workplace.
- Where do I submit the report?
- You can submit the report to the District Officer of the district where the organization is located.
- Is there a format for the report?
- Yes, report formats are prescribed under the POSH Rules, 2013, and may vary from state to state. For instance, the state of Maharashtra provides a specific template.
- How is confidentiality maintained?
- The report should not disclose personal identities or sensitive details in order to maintain confidentiality.
Compliance Beyond Submission
Compliance under the POSH Act is not just limited to report submission. Employers must:
Constitute and train the Internal Committee
Conduct regular awareness sessions across organizational hierarchies
Establish a robust policy against sexual harassment
Compliance as a Commitment
The submission of the POSH Annual report is not solely a compliance concern but also the industry’s commitment to a proper workplace environment. As much as employers submit report on time or in advance, trust is built among employees, greater sets of satisfaction is created and safety and inclusivity becomes a culture.
Take the step today!—file your POSH Annual report, leverage the POSH Compliance Evaluator, and champion the cause of workplace safety.
Compliance is not just a legal obligation; it’s a moral commitment to workplace safety.
