Updated on January 11, 2025 11:03:40 AM
The POSH Act, 2013 is a part of creating a safe and respectful workplace for employees at all levels within any organization in India. As per this law, organizations of ten or more employees are mandated to file an annual report to the state government regarding compliance with this Act. The annual report is an integral element that keeps account of safety measures in the working environment as well as pro-activeness about sexual harassment.
For instance, under the POSH Act of Rajasthan, it would be provided that the report that the Internal Complaints Committee must compile on an annual basis should be submitted to the District Officer. Although it is not statutorily required that an organization submit its report under the POSH Act by any date, for prudence, it may be suggested that an organization submit its report by 31st January of the following year to highlight whether number of complaints received, number of complaints resolved, and number of pending problems, etc.
The filing of this report, thereby adding to the legal obligations, would also reflect an organization's commitment to keeping an environment harassment-free.
Legal Mandate to Submit POSH Annual Return Regarding Section 21 of the POSH Act, 2013: Under this section, every employer who has 10 or more employees in such establishment is mandated to submit an annual report with information on complaints filed and received and disposed of during the calendar year. Essentially, the steps taken regarding sexual harassment in the workplace, awareness-measuring programs conducted, and other initiatives undertaken within the organization at all workplaces to prevent sexual harassment.
The return must contain a summary of complaints, resolutions, and actions taken by the Internal Committee for the year, with regard to training sessions conducted to sensitize employees, the return must be furnished to the designated District Officer of the jurisdiction in which the organization is operating.
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.
Filing the annual return under the POSH Act in the State of Rajasthan is a compliance area of paramount importance for any organization. Organizations reaffirm their commitment to a safe and respectful workplace when they submit their annual return. Effective record-keeping, repeated training, and preventive measures can contribute to an organization's means of compliance with the POSH Act, a trustworthy working environment, and an abhorrence-free workplace culture.
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 Rajasthan, 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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