The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (PoSH Act 2013) requires employers to submit an annual report following the end of each calendar year, discussing the compliances fulfilled by the employer. The report allows for an annual review of the implementation of the PoSH Act 2013 by an employer and also plays an important role in maintaining data regarding the implementation of the PoSH Act 2013.
What should be included in the annual report?
As per the PoSH Act 2013, the annual report should include the following information for the calendar year:
- Complaints of sexual harassment received and addressed by the IC in the year
- Cases pending for more than ninety days
- Information about awareness programmes conducted
- Nature of action taken by the employer or district officer
Who should submit the annual report?
The annual report needs to be prepared by the Internal Committee and submitted to the employer. The employer is required to submit the annual report to the authorities.
Who receives the annual report?
The submission of the annual report is done at the district level. The annual report is required to be submitted to the district officer designated under the PoSH Act 2013. Submission may be in-person, online, or both, depending on the district. In case of online filings via email, it is recommended to file from the presiding officer’s (PO) email.
When is the annual report submitted?
The annual report is to be submitted before January 31st of the following year. However, the specific timeline varies for certain districts such as Gurugram where the timeline is usually specified every year.
What is the consequence of not filing the annual report?
Filing the annual report is a legal mandate under the PoSH law. Failing the file the annual report within the designated timeline may be viewed as non-compliance with the PoSH Act 2013. Non-compliance is penalised with a fine of INR 50,000 and repeat non-compliance may lead to increased penalties as well as cancellation of business license.
Reach out to hello@serein.in to learn more about PoSH mandates and information on filing annual reports to ensure compliance.