Global entities acknowledge the significance of cultivating a secure and respectful workplace atmosphere, devoid of any type of harassment.  An essential legal framework dealing with this matter is the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) POSH Act, which was implemented in India in 2013.

What is POSH (Prevention Of Sexual Harassment) Act 2013?

The Prevention of Sexual Harassment (POSH) Act aims to safeguard women from workplace sexual harassment, addressing the prevention, redressal of complaints, and related matters.

According to the Act,  Prevention of Sexual Harassment means

(1) Women shall not experience sexual harassment in any workplace.

(2) Instances that may constitute sexual harassment, among other circumstances, include, but are not limited to:

(i) An implicit or explicit promise of preferential treatment in employment;

(ii) An implicit or explicit threat of adverse treatment in employment;

(iii) An implicit or explicit threat regarding her current or future employment status;

(iv) Interference with her work or the creation of an intimidating, offensive, or hostile work environment;

(v) Humiliating treatment with potential effects on her health or safety.

POSH Applicability?

It is applicable to Employers, Institutions, Organisations. It mandated that employers take responsibility for preventing a hostile environment for women and forbade any intimidation or victimisation of individuals participating in an inquiry, encompassing both the complainant and witnesses.

The POSH Act mandates that any organization with ten or more employees must establish an Internal Committee to handle complaints related to sexual harassment. Organizations should also raise awareness among their employees regarding the prevention of sexual harassment, the process of lodging complaints, and the redressal procedures outlined in the POSH Act.

If a Company does not have employees, Posh is applicable?

Regardless of the size of the workforce, the POSH Act applies to all organisations.  The District Officer establishes the ‘Local Complaints Committee’ to address sexual harassment complaints in organisations with fewer than ten employees. Despite the smaller size, the organisation remains responsible for aiding the complainant in filing the complaint.

If a Company just has a male employee Posh is applicable?

Yes, if a Company just has a male employee POSH is still applicable. The POSH Act explicitly defines an ‘aggrieved woman’ as someone “in relation to a workplace, a woman of any age, whether employed or not, who alleges to have been subjected to any act of sexual harassment by the respondent.” This includes employees, visitors, customers, contractors, or interviewees. Consequently, any woman who feels aggrieved, regardless of her employment status, has the right to file a sexual harassment complaint against the respondent.

What is Posh’s annual report?

An annual report under the PoSH Act is a mandatory document that employers must submit to the District Officer. This report outlines the steps taken by the employer to adhere to the provisions of the PoSH Act, detailing measures implemented for the prevention and resolution of sexual harassment in the workplace.

Included in the PoSH annual report are specifics on the number and nature of sexual harassment complaints received and addressed by the PoSH Committee. Additionally, the report must highlight any actions taken in response to these complaints. Information about any training or awareness programs conducted by the employer is also a crucial component. These programs aim to educate employees about the PoSH Act’s provisions, ensuring they are aware of their rights and available remedies in cases of sexual harassment.

Due date to file Posh Annual report?

Employers are obligated to submit the annual report to the District Officer within a specified timeframe, typically within the initial month (January) following the conclusion of the calendar year.

What is the format of the annual report?

Certainly, there exists a specified format for the PoSH annual report as per the PoSH Act. The structure for this report is outlined in the rules established under the Act, known as the PoSH Rules, 2013.

The PoSH annual report is obligated to encompass the following details:

• The count of sexual harassment complaints received by the PoSH Committee.
• The number of sexual harassment complaints resolved by the PoSH Committee.
• The tally of sexual harassment complaints pending for over 90 days.
• Actions undertaken by the employer in response to these complaints.
• Particulars about any awareness or training programs conducted by the employer.

Employers must ensure the completeness and accuracy of the annual report, submitting it to the District Officer within the stipulated time frame.

Essential tip: When submitting the report, it is advisable to retain proof of receipt for internal record-keeping purposes and future reference.

Whom should this report be filed?

The Chairperson of the PoSH Internal Committee, established in accordance with the PoSH Act, 2013, is responsible for creating the PoSH annual report. It is their obligation to compile essential details and present the report to either the Employer or the Board.

At the same time, a duplicate is sent to the District Officer designated for each jurisdiction where the company has offices throughout India.

There is often uncertainty regarding accountability for submission, but according to the PoSH Act, the Chairperson of the PoSH Committee bears several responsibilities. Monitoring diverse activities, including cases, complaints, awareness programs, and the type of actions taken, is among their duties.

Consequences of non filing of Annual report?

In the event of an employer’s non-compliance with the submission of their PoSH annual report, the District Officer is empowered to take appropriate actions. This may involve issuing a notice compelling the employer to submit the report or imposing a penalty, the amount of which can vary based on the circumstances, with a maximum limit of INR 50,000.

Beyond the financial penalty, the failure to file the PoSH annual report can adversely impact the employer’s employee morale and reputation. Non-compliance with the provisions of the PoSH Act may tarnish the employer’s standing, leading to a decrease in employee trust and engagement.

It is imperative for employers to adhere to the stipulations of the PoSH Act, emphasising the timely filing of their PoSH annual report. Doing so not only contributes to the prevention and resolution of sexual harassment in the workplace but also plays a crucial role in maintaining positive employee relations and safeguarding the employer’s reputation.

Do POSH details be disclosed under the Directors Report?

Yes, POSH details need to be disclosed under the Directors Report.  The company is obligated to affirm the presence of a policy aligned with the POSH Act, 2013. Furthermore, it must disclose the establishment of an Internal Complaints Committee (ICC) responsible for addressing sexual harassment complaints, covering all employees (permanent, contractual, temporary, trainees) under this policy.

The report is also mandated to disclose and report the number of complaints, if any, filed and their resolution under the POSH Act. This includes notifying and reporting the matter to the District Officer in accordance with POSH Act provisions. If no complaints have been received, the report must indicate that, during the review year, neither were any sexual harassment complaints received by the Internal Compliance Committee nor were there any related complaints necessitating resolution.

In the event that the company does not employ any women, it is still required to report under this section. In such a scenario, the company needs to explicitly state that it does not have any female employees, thereby asserting that the POSH Act is not applicable to the company as of the reporting date.