EVERYTHING YOU NEED TO KNOW ABOUT THE POSH ANNUAL FILING

 

Deadline Approaching: January 2025

〰️

Deadline Approaching: January 2025 〰️


The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (POSH Act) isn’t just a legal requirement—it’s a bedrock of fostering a respectful, inclusive, and harassment-free workplace. A key step in demonstrating your organization’s commitment to these principles is the submission of the POSH Annual Report, a crucial document that reflects your proactive efforts to uphold workplace safety. Under Section 21 of the POSH Act, organizations must submit an annual report to government-recognized authorities. The whole idea and the basis on which the protocols were enacted was not just to ensure that to tick the boxes as part of any mandate, it’s about showing accountability and transparency in your workplace practices. It restores faith in the government and employees as well that the organizations are truly making cautious efforts to inculcate the values of the POSH Act.

 

The Essentials of the POSH Annual Filing Report

Let us cover the 101 basics of filing an annual report. They are filed with the District Officers, Labour Commissioners, or State Women and Child Development Officers, depending on your location. If you’re unsure about where to file, state government websites like carings.wcd.gov.in provide clarity. Timely submission is essential, and a failure to comply could lead to penalties, legal repercussions, or even the suspension of operational licenses.


So when we say it’s no cakewalk and cannot be just brushed under the rug, we mean business!

Hence, to avoid last-minute stress, aim to file your report by January 2025, even if local notifications allow more time.

The content of the report is usually in compliance with Rule 14 of the POSH Act and typically includes:

  • Complaints Overview: Total complaints received, resolved, and pending (including reasons for any delays beyond 90 days).

  • Awareness Programs: Details of workshops or training sessions conducted to educate employees about POSH policies.

  • Policy & Poster Compliance: Copies of your workplace POSH policy and proof that POSH posters are prominently displayed.


Now sometimes these reports may even ask for certain other proofs of compliance depending upon government notifications. This information can be accessed through your ECM (External Committee Member). The report must also include a cover letter, signed by the Presiding Officer, printed on company letterhead, and stamped with the company seal.


Understand that Confidentiality Is Key

Confidentiality is a cornerstone of the POSH Act. Your report should focus on numbers and compliance actions, without revealing sensitive details such as names, incidents, or inquiry outcomes. Even if no complaints were filed during the year, you’re still required to submit a NIL report, emphasizing your compliance efforts, such as employee training and policy dissemination.


The Responsibility for Preparing and Submitting the Report

The Internal Committee (IC) plays a central role in drafting the POSH Annual Report. While the Presiding Officer’s signature is mandatory, having all IC members sign it reflects collaboration and transparency. External IC members can also review the report for accuracy. Importantly, this responsibility lies solely with the IC—not the HR, Manager, or Legal Department.

Organizations can submit the report in multiple ways:

  1. Hand delivery: Ensure you receive an acknowledgement from the authority.

  2. Courier or Registered Post: Retain proof of delivery.

  3. Email: In some cases, email submissions are allowed, with the sent email serving as proof.

For organizations with multiple locations, region-specific or consolidated reports can be filed. Supporting evidence, such as photographs of training sessions or POSH posters, strengthens your submission.

 

Other Points to remember

  • If your report gets lost in transit, notify the authority immediately and resubmit it, either in person or via email if permitted.

  • Unlike the MCA Annual Report, which focuses on financial and corporate compliance, the POSH Annual Report is all about safeguarding employee well-being. It’s a reflection of your organization’s commitment to safety, respect, and accountability.

  • The POSH Annual Report is a testament to your organization’s dedication to fostering a culture of safety and respect.

  • By adhering to these guidelines, you’re not only complying with the law but also contributing to a workplace where every employee feels valued and protected.