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Overview

Filing Under Prevention of Sexual Harassment (POSH) Act

The Prevention of Sexual Harassment (POSH) Act, 2013, mandates that organizations take steps to prevent, prohibit, and address sexual harassment at the workplace. Compliance under the POSH Act includes the formation of an Internal Complaints Committee (ICC), providing training, maintaining records, and filing annual reports with the District Officer.

The POSH Act applies to workplaces across India and requires organizations to provide a safe and respectful work environment for employees, especially women. It outlines the procedure for filing complaints, conducting inquiries, and submitting compliance reports.

Importance

1. Legal Compliance : Adherence to the POSH Act is mandatory for all organizations.

2. Workplace Safety : Promotes a harassment-free and safe working environment.

3. Avoids Penalties : Non-compliance can attract fines and reputational damage.

4. Employee Confidence : Ensures employees feel supported and valued.

5. Corporate Responsibility : Demonstrates the organization’s commitment to ethical practices.

Applicability

Organizations Covered:

  • Any workplace with 10 or more employees, including private and public sector entities.
  • Types of Employees Covered:
    • Permanent, temporary, contract, interns, and volunteers.

Applicability to Locations:

  • Office premises, off-site work locations, and online communication channels.

Key SEBI Regulations:

  • Formation of Internal Complaints Committee (ICC):
    • Constitute an ICC with at least one external member experienced in addressing sexual harassment.
  • Policy Creation:
    • Draft and implement an anti-sexual harassment policy.
  • Complaint Mechanism:
    • Establish a clear procedure for employees to report complaints.
  • Awareness Training:
    • Conduct regular training sessions to sensitize employees and management.
  • Record Maintenance:
    • Maintain records of complaints, inquiries, and actions taken.
  • Annual Report Filing:
    • Submit an annual report to the District Officer with details of complaints and resolutions.

Documents Required



Features

Features & Benefits of Filing Under Prevention of Sexual Harassment (POSH) Act

Mandatory for All Workplaces
Required for all establishments with 10 or more employees.
Prev Next
ICC Formation
Includes internal and external members to ensure impartiality.
Prev Next
Periodic Training
Ensures employees and managers understand their roles and responsibilities.
Prev Next
Annual Reporting
Details complaints and their resolution status.
Prev Next
Confidentiality
Ensures that details of complaints and inquiries are kept confidential.
Prev Next

Filing Under Prevention of Sexual Harassment

Penalties for Non-Compliance
Organizations face fines of up to ₹50,000 for failing to comply.
Prev Next
Support for Victims
Provides a structured mechanism for addressing complaints.
Prev Next
Improves Workplace Culture
Encourages ethical practices and mutual respect among employees.
Prev Next
Applies Across Locations
Covers physical workplaces, virtual communication, and off-site locations.
Prev Next
Alignment with Labor Laws
Complements other labor law compliance requirements.
Prev Next


Comparison with Related Services

Feature POSH Compliance Labor Law Compliance Corporate Governance
Objective Address workplace harassment Ensure employee welfare Ensure ethical practices
Applicability 10+ employees All businesses with employees All registered companies
Regulatory Body District Officer (State Govt) Labor Department MCA
Filing Frequency Annually Monthly/Quarterly/Annually Annually/Event-based
Penalty for Non-Compliance Up to ₹50,000 High High


Frequently Asked Questions

What is the role of the ICC under the POSH Act?

The ICC investigates complaints of sexual harassment, conducts inquiries, and recommends actions to the employer.

Who can be the external member of the ICC?

The external member must be from an NGO or an individual familiar with issues related to sexual harassment.

Is annual reporting under POSH mandatory?

Yes, organizations must file an annual report with the District Officer detailing complaints received and resolved.

What happens if an organization fails to comply with the POSH Act?

Non-compliance can lead to penalties of up to ₹50,000 and reputational damage.

Are POSH training sessions mandatory?

Yes, organizations must conduct awareness sessions to educate employees about workplace harassment and their rights.

Does the POSH Act apply to virtual workplaces?

Yes, the Act covers online interactions and communication platforms used for work.

Filing Under Prevention

Overview

Filing Under Prevention of Sexual Harassment (POSH) Act

The Prevention of Sexual Harassment (POSH) Act, 2013, mandates that organizations take steps to prevent, prohibit, and address sexual harassment at the workplace. Compliance under the POSH Act includes the formation of an Internal Complaints Committee (ICC), providing training, maintaining records, and filing annual reports with the District Officer.

The POSH Act applies to workplaces across India and requires organizations to provide a safe and respectful work environment for employees, especially women. It outlines the procedure for filing complaints, conducting inquiries, and submitting compliance reports.

Importance

1. Legal Compliance : Adherence to the POSH Act is mandatory for all organizations.

2. Workplace Safety : Promotes a harassment-free and safe working environment.

3. Avoids Penalties : Non-compliance can attract fines and reputational damage.

4. Employee Confidence : Ensures employees feel supported and valued.

5. Corporate Responsibility : Demonstrates the organization’s commitment to ethical practices.

Applicability

Organizations Covered.

  • Any workplace with 10 or more employees, including private and public sector entities.
  • Types of Employees Covered:
    • Permanent, temporary, contract, interns, and volunteers.

Applicability to Locations:

  • Office premises, off-site work locations, and online communication channels.

Key SEBI Regulations

  • Formation of Internal Complaints Committee (ICC):
    • Constitute an ICC with at least one external member experienced in addressing sexual harassment.
  • Policy Creation:
    • Draft and implement an anti-sexual harassment policy.
  • Complaint Mechanism:
    • Establish a clear procedure for employees to report complaints.
  • Awareness Training:
    • Conduct regular training sessions to sensitize employees and management.
  • Record Maintenance:
    • Maintain records of complaints, inquiries, and actions taken.
  • Annual Report Filing:
    • Submit an annual report to the District Officer with details of complaints and resolutions.

Documents Required



Features

Features & Benefits of Filing Under Prevention of Sexual Harassment (POSH) Act

Mandatory for All Workplaces

Required for all establishments with 10 or more employees.

ICC Formation

Includes internal and external members to ensure impartiality.

Periodic Training

Ensures employees and managers understand their roles and responsibilities.

Annual Reporting

Details complaints and their resolution status.

Confidentiality

Ensures that details of complaints and inquiries are kept confidential.

Penalties for Non-Compliance

Organizations face fines of up to ₹50,000 for failing to comply.

Support for Victims

Provides a structured mechanism for addressing complaints.

Improves Workplace Culture

Encourages ethical practices and mutual respect among employees.

Applies Across Locations

Covers physical workplaces, virtual communication, and off-site locations.

Alignment with Labor Laws

Complements other labor law compliance requirements.



Comparison with Related Services

Feature POSH Compliance Labor Law Compliance Corporate Governance
Objective Address workplace harassment Ensure employee welfare Ensure ethical practices
Applicability 10+ employees All businesses with employees All registered companies
Regulatory Body District Officer (State Govt) Labor Department MCA
Filing Frequency Annually Monthly/Quarterly/Annually Annually/Event-based
Penalty for Non-Compliance Up to ₹50,000 High High


Frequently Asked Questions

What is the role of the ICC under the POSH Act?

The ICC investigates complaints of sexual harassment, conducts inquiries, and recommends actions to the employer.

Who can be the external member of the ICC?

The external member must be from an NGO or an individual familiar with issues related to sexual harassment.

Is annual reporting under POSH mandatory?

Yes, organizations must file an annual report with the District Officer detailing complaints received and resolved.

What happens if an organization fails to comply with the POSH Act?

Non-compliance can lead to penalties of up to ₹50,000 and reputational damage.

Are POSH training sessions mandatory?

Yes, organizations must conduct awareness sessions to educate employees about workplace harassment and their rights.

Does the POSH Act apply to virtual workplaces?

Yes, the Act covers online interactions and communication platforms used for work.

Related Services