HOW TO FILE ANNUAL POSH REPORT OF YOUR ORGANISATION: STEP-BY STEP GUIDE

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“PoSH Act”) is enacted to protect the women right in a workplace. Under the act there are set of compliance that need to be complied by the organisation. Annual PoSH Report is the one of the most crucial requirements under the Act, every organisation has to submit the annual report for each English Calander to the District Officer in respect to their office address.

What is the Annual PoSH Report?

It is a mandatory annual disclosure by the Internal Committee to the organisation and the District Officer regarding the complaint received, inquiry process, resolution of the complaints, Action taken by the employer in respects to the recommendations of the IC, and awareness programs conducted for the employees. Section 21 and 22 of PoSH Act mandates every organisation to submit the annual report.

            “Committee to submit annual report:

(1) The Internal Committee or the Local Committee, as the case may be, shall in each calendar year prepare, in such form and at such time as may be prescribed, an annual report and submit the same to the employer and the District Officer.

(2) The District Officer shall forward a brief report on the annual reports received under sub-section (1) to the State Government.”

“Employer to include information in annual report.

The employer shall include in its report the number of cases filed, if any, and their disposal under this Act in the annual report of his organisation or where no such report is required to be prepared, intimate such number of cases, if any, to the District Officer”.

Who Is Required to File the Annual PoSH Report?

Every organisation having employees 10 or more need to file the report. It will include Company, Limited Liability Partnership (LLP), Partnership Firms, Proprietary Firm, Factory, Educational Institutes, Start-Up, MSME, Governmental Institutions, Hospitals, NGOS, Trusts, Societies, etc.

Note* Each branch or office operating in different districts must file a separate Annual Report with the District Officer of that district.

What need to be disclosed in Annual Report?

The Report must be drafted in a structured format that captures the essential information as per the Act. The report contains following disclosures:

1. Organisation Details:  It contains organisation name and address;
2. Complaint Details: it contains the number of sexual harassment complaints received, number of complaints disposed off, Number of cases pending beyond 90 days, Complaints where the IC lacked jurisdiction, and Complaints referred to the Local Committee (LC);
3. Preventive measures taken by the Employer: The report should contain on the preventive steps taken by the employer, including employee awareness programmes, Internal Committee (IC) training, policy updates, and awareness workshops;
4.  Internal Committee (IC) details: mention the composition of the Internal Committee, including the names, official email id and designations of members, credentials of the external member, and the date on which the committee was formed;
5. Nature of Action Taken: After the inquiry the IC provide recommendations to the employer and then the employer takes the action on those recommendations. In the report mention the details of the disciplinary or corrective actions taken by the employer;
6. Declaration: A formal declaration mentioning that the Internal Committee (IC) was accurately functioning and that confidentiality, as mandated under Section 16 of the Act, was strictly followed in the inquiry process.

Steps for filing the Annual Report

1. Prepare the Annual Report: Constituted IC will prepare the report containing all the above-mentioned disclosures. Once its drafted sign the document on the organisation letter head;
2. Supporting Documents: Attach the supporting documents that include PoSH Policy, IC constitution resolution, proof of actions taken by employer, proof of employees training session;
3. Employer Reviews & Approves: the report requires employer’s approval prior the submission. The employer review and reverify the details with the records and then grant the approval;
4. Submit to District Officer: After the approval of the employer the report need to be submitted with the District Officer. The report shall be submitted via registered email id of the organisation;
5. Preserve Acknowledgments: Once the submission the District Officer sent an acknowledgment respite on the registered email, keep that email for records.

Last date for Filing the Annual PoSH Report

Every organisation needs to submit the report by 31^st January for the previous calendar year starting from 1^st January to 31^st December. It is imperative to mention that the PoSH compliance follow the calendar year not the financial year.

Penalties for Non-Compliance

If unable to file the Annual Report or filing incorrect or misleading information will attract penalties under Section 26 of the PoSH Act. Authorities can impose fines of up to Rs. 50,000 (Rupes Fifty Thousand) on each director, and repeated violations may result in even sever consequences, cancellation of licences or withdrawal of registrations. Furthermore, non-filing also weakens the employer’s defence in sexual harassment cases. Complying with the law plays an important role in strengthening the organisation’s legal standing and indicating its commitment to workplace safety for the employees.

Conclusion

Filing the Annual PoSH Report is not just a compliance exercise, it is a reflection of your organisation’s commitment to workplace safety and transparency. If your organisation requires professional assistance in drafting, reviewing, or submitting the Annual PoSH Report, or in conducting PoSH audits and training programmes, PoSH expert can provide end-to-end support and ensure your organisation will complete compliance with the The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“PoSH Act”).