Updated on January 11, 2025 11:03:39 AM
The POSH Act, 2013 is landmark legislation intended to make the workplace in India a safe and dignified one for all employees and the ones in Mumbai in particular. Under the law, organizations employing ten or more persons shall mandatorily file an annual return that shall detail efforts at compliance along with the status of sexual harassment complaints within the workplace. This annual report provides, yet another very useful activity for monitoring compliance with the law and accountability in the way of enforcement among employers.
In Mumbai, the POSH annual return shall be drafted by the Internal Complaints Committee and must be submitted to both the employer and District Officer. As such, although the POSH Act has not stipulated any deadline for submissions, usually, it is advisable that organizations file in their reports by January 31st the following year. Such a report should contain necessary details, such as the number of complaints received, resolved ones, and pending ones, besides public awareness programs implemented throughout the year.
The POSH Act necessitates that Indian workplaces guarantee that all employees feel secure and well represented in the workplace. One of the significant compliance requirements under this Act is to make annual POSH returns.
As decided in the POSH Act of India, all workplaces in India with ten or more employees are obligated to ensure a work environment free of sexual harassment. Major compliance with this act is the Annual Return under POSH, submitted by the organizations of the District Officer of Mumbai each year. This return contains the company's record on cases regarding harassment, training exercises for creating awareness, and the program undertaken by the company to maintain safety and respect in the workplace.
The report will include the number of complaints received, resolved, and pending, along with any training or sensitization programs undertaken by the company to prevent harassment at the workplace. It must be submitted on or before January 31 every year. In the event of non-compliance, it would attract a legal penalty that could disturb the company's functioning or even its license.
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.
POSH annual return filing is for every eligible organization in Mumbai, ensuring they stay one step ahead of law compliance and ensure a safe working environment. Organizations prepare and submit an annual report that would reflect their commitment to preventing harassment at the workplace and creating a great, inclusive culture of work.
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 Annual Return Filing is the annual report filed by Indian organizations with the concerned District Officer, stating that no efforts of sexual harassment were attempted, such complaints were received and redressed, and training programs were administered to the employees under the POSH Act.
Organizations with 10 or more employees will be required to make the POSH annual return and have an IC to address complaints at the workplace regarding harassment.
The number of complaints received, resolved, and pending with particulars of any sensitization and training programs undertaken and steps taken for providing a safe workplace environment.
Annual return under POSH needs to be furnished by 31st January every year.
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