The POSH annual filing refers to a mandatory report that organizations in India are required to submit under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. The report filing dates vary depending on the state, but it should be filed on or before January 31st of each year.

 

Who should file the POSH annual report?

Organizations with more than 10 employees should file the POSH annual report and submit it to the District Officer of the area where the establishment is located. The filing should include number of complaints filed, complaints resolved, pending complaints, and other supporting documents.

How can Silver Oak Health help with the POSH annual filing?

Silver Oak Health’s POSH legal team offers comprehensive support throughout the POSH annual filing process. Our team includes legal professionals with PAN India presence. We will proactively liaise with District Offices to ensure timely filing and following the local guidelines on the filing requirements. This ensures a smooth and compliant annual POSH filing experience for our clients.

What if an organization misses the due date for filing the report?

Failing to file the annual report or late filing is a violation of the POSH Act. The organization will be subject to a penalty of up to INR 50,000. In cases of repeated non-compliance, the penalty amount can double, or even lead to more serious repercussions like cancellation or withdrawal of business license.

 

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FAQs

  • The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (POSH Act) mandates that the Internal Complaints Committee (ICC) of an organization must submit an annual report to both the employer and the District Officer. This report must include the following information:   

    Number of sexual harassment complaints received during the year. 

    • Number of complaints resolved or disposed of. 

    • Number of cases pending for more than ninety days. 

    • Number of awareness programs or workshops conducted to educate employees about sexual harassment. 

    • POSH Posters that have been displayed throughout the organization 

    • A physical copy of the POSH Policy 

    • Actions taken by the employer or District Officer in response to complaints. 

  • The format of the annual report depends upon the notification circulated by the recognized state authority. The notification contains a list of documents required and a template for filing of the annual report. However, it must mandatorily be filed with the cover letter which is printed on the company letter head and the said cover letter contains the signature of the Presiding Officer and the Company Seal.

  • The time provided to file the annual report is specific to the notifications provided by the district officers. However, to ensure that the deadline is not missed, it is recommended that the report is submitted by January 2024.

  • Failure to submit the annual report on time may result in non-compliance with the POSH Act, which could lead to penalties or legal consequences.

  • The Internal Committee (IC) members are responsible for preparing the annual report.