PoSH Annual Report: Everything you need to know

Introduction

The PoSH Annual Report serves as a statistic to analyze whether a company has complied with the PoSH Act, 2013, or not. Under the PoSH or the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, a District Officer ensures compliance with the provisions of the Act in the district. This includes receiving and reviewing the PoSH annual report submitted by employers.

The PoSH Act requires employers to take certain measures to prevent sexual harassment at workplace. This includes setting up the PoSH Committee, also called the Internal Complaints Committee (ICC) to deal with complaints of sexual harassment.

As part of their duties, employers are required to submit a report to the District Officer. The Report details the steps they have taken to comply with the provisions of the Act. It also includes the number and nature of sexual harassment complaints received and disposed of by the PoSH Committee.

If the District Officer finds that an employer has not complied with the Act or has not taken adequate steps to prevent and address sexual harassment, they may take appropriate action. This includes issuing a notice requiring the employer to take corrective action or imposing a penalty.

Also read: What are the duties of employer under PoSH Act?

What is the PoSH annual report?

A PoSH annual report is a document that employers are required to submit to the District Officer under the PoSH Act. The PoSH annual report provides information on the steps that the employer has taken to comply with the provisions of the PoSH Act. It details the measures they have taken to prevent and address sexual harassment at workplace.

The PoSH annual report must include details of the number and nature of sexual harassment complaints received and disposed of by the PoSH Committee. It also needs to include any action taken in response to such complaints. 

The report should also provide information on any training or awareness programs conducted by the employer. The objective of such programs should be to educate employees about the provisions of the PoSH Act. They must also help the employees with the rights and remedies available to them in case of sexual harassment.

Employers are required to submit the report to the District Officer within a specified timeframe. This usually means within the first month (January) of the end of the calendar year.

Is there a format for the PoSH annual report?

Yes, there is a prescribed format for the PoSH annual report under the PoSH Act. The format for the report is provided in the rules framed under the Act, PoSH Rules, 2013.

The PoSH annual report must include the following information:

1. The number of sexual harassment complaints received by the PoSH Committee,
2. The number of sexual harassment complaints disposed of by the PoSH Committee,
3. The number of sexual harassment complaints pending for more than 90 days,
4. Action taken in response to such complaints by the employer, and
5. Details of any awareness or training programs conducted by the employer.

It is important for employers to ensure that the annual report is complete and accurate. It needs to be submitted to the District Officer within the prescribed timeframe.

Important tip: When submitting your report, ensure that you collect proof of receipt and keep it for your internal record keeping for future perusal.

Also read: The basics of filing an Annual Compliance Report under the PoSH Act

What happens if you don’t file the PoSH annual report?

If an employer fails to file their PoSH annual report, the District Officer may take appropriate action This includes issuing a notice requiring the employer to file the report or imposing a penalty. The amount of the penalty will depend on the circumstances of the case and may be up to INR 50,000.

In addition to the penalty, failing to file the PoSH annual report may also have negative consequences for the employer in terms of employee morale and reputation. Failing to comply with the provisions of the PoSH Act can damage an employer’s reputation and may lead to a decline in employee trust and engagement.

It is important for employers to comply with the provisions of the PoSH Act. Ensuring that they file their PoSH annual report on time is also crucial. This will not only help to prevent and address sexual harassment at the workplace, but will also help to maintain good employee relations and protect the employer’s reputation.

Who prepares and submits the PoSH annual report?

The PoSH annual report is prepared by the Chairperson of the PoSH Committee constituted under the PoSH Act, 2013. It is their duty to furnish all the necessary details and submit the report to the Employer or the Board. A similar copy is submitted to the District Officer. 

Generally, there is confusion about accountability with respect to the submission. However, under the PoSH Act, the Chairperson of the PoSH Committee has various responsibilities. Keeping a track of various activities including the cases, complaints, awareness programs, and nature of action taken is also one of them.

How to identify the District Officer where the PoSH Annual Report is to be submitted?

To find the District Officers notified under the PoSH Act, follow the steps given below:

1. Check the website of the Ministry of Women and Child Development (MWCD). This is the government ministry responsible for the implementation of the PoSH Act. The MWCD website may have a list of District Officers notified under the Act.
2. Contact the MWCD directly. You can call the MWCD helpline or send an email to the ministry to request information on the District Officers notified under the PoSH Act.
3. Contact the State Government Women and Child Development Department. The State Government Women and Child Development Department may have a list of District Officers notified under the PoSH Act.
4. Check with your external member for PoSH. An external member for PoSH is appointed as the advisor for your PoSH compliance. They should be able to guide you. In all probability, they may have information on the District Officer responsible for respective districts.

Also read: Who is an external member for PoSH?

It is important to note that the District Officer may vary depending on the location of the employer. Employers are required to file their PoSH annual report with the District Officer responsible for the district in which they are located.

How can Ungender help you?

Ungender is dedicated to ensuring streamlined compliance activities and reporting for our partner organizations. If you are an organization looking to prepare and submit your PoSH annual report and need help, write to us at contact@ungender.in or schedule a call with us. 

If you are looking to complete your PoSH compliance activities before the year ends, you may reach out to us at the above address.

FAQs

How do I file an annual report under PoSH Act?

The PoSH Committee needs to prepare three copies of the annual report. It forwards two copies to the employer out of which, the employer submits one to the District Officer.

Where do I send my annual report under PoSH?

Under Section 21 of the PoSH Act, 2013, the annual report under PoSH must be submitted to the employer and the District Officer.

When should the Internal Committee submit its annual report?

The Internal Committee must prepare and submit its annual report at the end of every Calendar year and within January. Therefore, the due date for filing the annual report for 2022 is 31st January 2023.

What is the penalty for PoSH?

The penalty for not complying with the PoSH Act is a fine that can go up to INR 50,000. Continuous non-compliance may lead to the cancellation of the license of the business.

What is the due date for PoSH return?

The PoSH return needs to be filed in a specific timeframe. This usually means within the first month (January) of the end of the financial year.

Also read: PoSH FAQ: How will the government know that your company isn’t PoSH compliant?