Updated on January 11, 2025 11:03:37 AM
In India, adopting workplace sexual Harassment Prevention (POSH) policies is crucial to creating and maintaining a respectful workplace. The annual POSH return filing process is a mandatory compliance provision that all companies and organizations in Delhi and India must adhere to under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act of 2013.
The filing of an Annual Return of POSH is essential in the course of practice management for the compliance, evaluation, and monitoring of the policy and rules directed by the government for the companies and organizations based in Delhi and also in India.
This process helps reinforce organizations’ declaration that appropriate measures will be taken to prevent and respond to sexual harassment in different establishments and enhance workplace policies and standards. In the capital territory of Delhi, submission of the return above is compulsory for every organization, and the return is lodged with the appropriate department of the office of the Government of NCT of Delhi.
The return shall have such essential details as complaints received, actions taken, and any training or awareness initiative during the year.
Non-compliance will attract heavy penalties of up to ₹50,000 and also the possibility of consequences to the business license in case of repeated default.
The filing a return for a year, an organization needs to submit a report to the local government authorities (in Delhi, the Delhi Commission for Women or the Labour Department) regarding the status of sexual harassment complaints, the functioning of the internal committee, and measures taken to ensure that a healthy work environment prevails. Filing the return is expected to ensure zero tolerance towards harassment and, in all manners, that organizations adhere to the guidelines prescribed by the POSH Act.
It has emerged as one of the compliance papers under the POSH Act, 2013 in India. This act requires every organization having ten or more employees to file an annual return to ensure that measures have been taken to provide safety in the workplace and to prevent sexual harassment. The new provisioning for the POSH Annual Return has come into being due to accountability and transparency in how the organizations handle complaints of sexual harassment.
The key components of POSH Annual Return Filing encompass the following:
The annual POSH return can be tricky for someone new to such a return. For one end, one can pursue an easy way to understand it in a few simplified steps:
All data related to complaints should be collected, such as dates, responses, resolutions, and pending cases. Report the training, awareness programs, or any other activities related to POSH conducted throughout the year.
Represent everything in a simple structured report that provides details regarding each resolved or pending complaint. Make sure sensitive information, such as the complainant or respondent's identities, is protected and anonymized while complying with guidelines.
Double-check facts for accuracy and completeness before submission. Coherently report all actions taken by the IC regarding complaints, and specify all pending matters.
The report will be submitted to the concerned District Officer of the state/the government (most likely, appointed by the state). Since submission deadlines vary, organizations should clarify such aspects with their local District Officer.
It is the filing of the POSH Annual Return that matters most, as there are several key reasons for its significance of which are beyond compliance. Here is why it is vital:
The procedure for filing the POSH (Prevention of Sexual Harassment) annual return is fraught with problems an organization needs to overcome to achieve compliance smoothly.
Annual return filing will be part of tracking records of how the workplace is safe and compliant with the Delhi POSH Act. Annual return filing elucidates how well an organization adheres to sexual harassment prevention laws and therefore presents areas that need improvement. The annual return is filed properly, and proactive efforts are made toward creating a safe and respectful workplace. Businesses can hence prove themselves in concern for well-being, support gender equality, and have a good market reputation.
At Professional Utilities, we leverage our industry knowledge and expertise to help businesses navigate complex regulations, minimize risks, and optimize operations for maximum efficiency and profitability.
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POSH Compliance Annual Return Filing is a statutory annual return which throws light on an organization's efforts of preventing sexual harassment, including complaint records and committee action as well as training initiatives.
The POSH Act, 2013 mandates this return to be filed by all organizations with more than 10 employees.
Usually, in Delhi, it is filed with the Labour Department or the State Women's Commission.
The filing contains details of complaints received, cases resolved, meetings of the Internal Committee, and POSH training programs undertaken.
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