COMPLIANCES AND RETURNS UNDER(POSH) ACT



COMPLIANCES AND RETURNS UNDER PREVENTION OF SEXUAL HARASSMENT (POSH) ACT

The Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act, 2013 (commonly known as “POSH Act” or “the Workplace Harassment Law”), was notified on 23rd April 2013, and the Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Rules, 2013, were notified on 09th December 2013

Applicability

The POSH Act extends to the ‘whole of India’

Compliances under Sexual Harassment Laws

  • Constituting an Internal Complaints Committee (ICC) under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013;
  • The ICC needs to have an external representation from an NGO or a Lawyer or a person having knowledge and experience in such areas.
  • Drafting of the Sexual Harassment Policy and approval of the same by the Board.
  • Convening meetings of the Internal Complaints Committee as and when required.
  • Filing of Annual Return under the Act
  • To conduct awareness workshops for the employees and orientation programmer for the ICC in accordance with the Act.
  • Investigation of the Complaints made to the Committee and submitting a report thereto;
  • Assistance by the Company to the complainant in the filing of FIR or complaint to the police, if required.
  • Reporting the complaints received and disposed of, in the Board’s Report along with annual Financial Statements.

Penalty for Non-Compliance

  • Non-Compliance of the provisions of the POSH Act may lead to a penalty of Rs. 50,000 or cancellation of a business license.