PoSH Annual Return: 8 steps to get it right

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Introduction

While the PoSH Act came into effect in 2013, there was no reliable way to analyze whether organizations were complying with the law. To counter this problem, employers are now mandated to file PoSH Annual Return every year. 

This ensures that there are reliable statistics for analyzing the extent to which employers comply with PoSH and the number of complaints raised and redressed.

According to Section 21 of the PoSH Act, the PoSH Committee of every company or firm is bound to prepare a PoSH Annual Return every year. They must submit it to the employer and the District Officer of the area. Rule 14 of the PoSH Rules further lay down the details to be included in the PoSH Annual Return formulated by the PoSH Committee. The rules for the PoSH Annual Return follow the calendar year and the ideal time to submit it is by 31st January.

Content of the PoSH Annual Return

The law directly specifies that the following information must be included in the PoSH Annual Return:

This is the basic format to be followed by any organization when preparing the return. That being said, doing the bare minimum for compliance may not be the best way to reflect your commitment toward becoming a zero-tolerance workplace against sexual harassment.

In our experience at Ungender, District Officers and other authorities require more information from the PoSH Committee in their annual return. This goes beyond the bare minimum that companies are required to furnish.

It is in the best interest of the organization to ensure that all information related to the PoSH Act, including: 

• Records (of seminars and workshops held in a year), 
• Documents (policies, complaints, replies to the complaints), 
• Evidence (minutes of PoSH Committee meetings, CCTV footage), and
• Reports 

are maintained meticulously by the organization. Therefore, having a detailed annual return with all the relevant information will help the organization in the long run.

Also read: Sexual Harassment At Work: Understand The Rules Of The PoSH Act In 6 Minutes

7 additions you can make to your PoSH Annual Return

Internal PoSH Policy

It is beneficial for your organization to mention whether they have formulated an internal policy as per the PoSH Act. If yes, a copy of the policy should be added to the return.

Formation of a PoSH Committee

It is crucial to add information regarding the formation of the PoSH Committee for every branch of the organization. It is important to note that each branch or office of the organization needs to mandatorily have a PoSH Committee if there are more than 10 employees in that branch or office.

Details of PoSH Committee Members

Mention whether your organization has provided sufficient information about the members of the PoSH Committee in Hindi and English and any other regional language around the organization. This will enable the employees easily approach or reach the members, if and when needed.

Notices

Details regarding the notices informing the employees about your organization’s stance on sexual harassment should also be included. The notice should clearly mention the consequences of indulging in any act of sexual harassment. Mention whether your organization has displayed sufficient notices all around the workplace.

Employee awareness and assistance

Information on the workshops and seminars conducted by your organization should also be included in the return. Add details on how the organization helps employees easily approach the PoSH Committee with their grievances.

Compliance with PoSH Committee’s recommendations

It is also important to mention details of how your organization has followed the recommendations of the PoSH Committee including interim measures or final awards.

Information about PoSH Annual Return

Lastly, information regarding the PoSH Annual Return itself should be mentioned such as whether the PoSH Committee forwards an annual return containing necessary details of sexual harassment case proceedings to the prescribed authorities every year.

Following the above-mentioned pointers on the details to be added to your organization’s PoSH Annual Return will make it well-rounded, structured, and efficient. It will ensure that your organization not only complies with the law, but it goes beyond and ensures that it is clear and methodical with regard to matters of sexual harassment.

Along with this, the Government has the power under Section 25 to call upon any employer to furnish information regarding any matter relating to sexual harassment as it may require. It also has the power to authorize any officer to inspect records and workplaces concerning matters of sexual harassment. The employer in this scenario must cooperate with any requests by the government and with the officer inspecting the records and workplace.

A detailed return and meticulous record of all the required details will make it easier for an organization to cooperate with authorities whenever required.

Also read: Why Your Company Must Conduct Anti-Sexual Harassment Training

What happens if you don’t file the PoSH Annual Return?

Every organization is mandated by the law to draft and submit the PoSH Annual Return. Non-compliance with this duty will result in a hefty fine of Rs. 50,000. This can further be extended to the cancellation of your business license in case of repeated non-compliance.

To avoid such a penalty, it is important to mandatorily formulate the return every year and submit it to the required authority.

At Ungender, our team ensures high-quality assistance and guidance to help you file your PoSH Annual Return. From providing draft formats to ensuring accurate information, we ensure that your return is legally compliant. Moreover, we stay with you through the entire process of preparation, review, and filing with the District Office. Write to us at sidra@ungender.in for the PoSH compliance advisory of your company.

Written by: Saloni Borse is a fourth-year law student with an avid interest in issues of women empowerment, gender laws, and labor laws.