Introduction
An organization’s compliance with the Prevention of Sexual Harassment (POSH) Act is reviewed every year through an annual report. The POSH report must be submitted to the Ministry of Women and Child Development, and should include information on the steps taken by the organization to prevent sexual harassment, as well as any incidents that have occurred during the year.
Organizations should take care to ensure that their POSH report is complete and accurate, as it is a critical part of maintaining compliance with the law. We will define POSH and explain why it is important, followed by some pointers to help you prepare your POSH report.
What is POSH and why is it important?
POSH is the Prevention of Sexual Harassment Act, which was passed in 2013. The act requires all employers with more than 10 employees to create a policy against sexual harassment and to provide training on the topic to all employees. Additionally, employers must set up a complaints procedure for employees who experience sexual harassment.
The POSH Act is important because it helps to create a safe and respectful workplace for everyone. By raising awareness of sexual harassment and providing tools to prevent and address it, the act makes workplaces better for everyone. Additionally, the act helps protect employees from retaliation if they do report sexual harassment.
Which companies are required to submit the POSH report?
As per the POSH Act, all companies with more than 10 employees are required to submit the POSH report. The report has to be submitted by the end of the financial year.
Now that you know which companies are required to submit the POSH report, it’s time to get your organization ready. Here’s what you need to do:
1. Determine how many POSH reports need to be filed.
2. Who will be responsible for submitting the POSH report?
3. Gather data on sexual harassment cases from across the organization. This data should include information on how each case was handled, whether it was resolved internally or through the court system, and any outcomes.
4. Submit the POSH report by the end of the year.
How many POSH reports need to be filed?
There must be as many annual reports as the company has offices. But the Internal Committee (IC) needs to make three copies of the report. One for its own records, and two to be forwarded to the employer. Of the two copies that the IC forwards to the employer, the employer retains one copy and forwards the other copy to the district officer.
Who is responsible for the submission of POSH reports?
This Annual Report is to be prepared by the IC. Ideally, it is advisable that all members of the IC sign the Annual Report. However, the Annual Report can also be signed by the Presiding Officer on behalf of the IC. In this case, it should be ensured that the IC has confirmed the Annual report in writing or by way of email. Essentially, since the preparation of an Annual Report is the responsibility of all members of an Internal Committee, it should be ensured that all members have agreed to the report before submission.
What all needs to be included in the POSH report?
The annual report should include the following details:
The number of sexual harassment complaints received during the year.
The number of complaints disposed of during the year.
The number of cases pending for more than ninety days.
The number of workshops or awareness programs against sexual harassment carried out.
The nature of action taken by the employer.
What is the deadline for filing the Annual POSH report?
There is no specific last date mentioned in the Act, however it is recommended that a report should be submitted by 31st January every year.
FAQs related to POSH annual Report
1. Do I still need to submit the annual report if there were no complaints lodged against the organization during the year?
Yes. But the information, including the number of complaints, would be “Nil”.
2. Are withdrawn complaints to be included in annual reports?
Yes, withdrawn complaints are to be included in the Annual Report.
3. What happens if the number of workshop programs shows “Nil” in the Annual Report?
It is not advised to do this, and the organization’s “preventive” actions will suffer as a result.
4. What happens if I fail to submit the annual report?
Organizations may face legal consequences.
5. Can Annual Report be submitted online?
Some District Officers may permit online submission of the Annual Reports for their specific districts, while others may demand a hard copy. It depends upon the district.
Conclusion
As per The Prevention of Sexual Harassment (POSH) Act the organizations are required to submit an annual report to the government detailing their compliance with the Act.
So, is your organization ready to submit its POSH report?
Here are some things to consider:
– Do you have a POSH policy in place?
– Have you conducted training on sexual harassment for all employees?
– Have you set up a complaints procedure for employees to report instances of sexual harassment?
– Have you taken action against any employees who have been found guilty of sexual harassment?
If you can answer yes to all of these questions, then your organization is ready to submit its POSH report. If not, then you may need to take some steps to ensure compliance with the Act.
Do you know that Protouch is also offering a POSH Training certification program for employees that helps them identify and differentiate between appropriate and inappropriate behavior in the workplace? It also educates participants on the legal aspect of the PoSH (Prevention of Sexual Harassment) Act.
Call us at 8800005599 or visit www.protouchpro.com to discuss your POSH Training Certification.
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