The Sexual Harassment of the Women (Prevention, Prohibition and Redressed) Act, 2013 - A Guide

As the year is approaching to December, Question of filling Annual Return under The Sexual Harassment of the Women (Prevention, Prohibition and Redressed) Act, 2013 start giving hear burn to the employers. We are sharing some processes which may be helpful for the employers and HR community.

Since we understand that there is no uniform authority under the act, as the act clearly mentioned that any authority as notified by the appropriate government, in some states govt. has notified the authority but for the many other states this is a question.

However for the purpose of compliance, one can send the annual return to the District Magistrate / SDM/ DC by 31st Jan 2016 or as notified by the competent authority.

Process of POSH Proceedings

1.    A complaint of sexual harassment shall be made in writing to the Internal Committee or local committee as the case may be, within three months of incident.

2.    Before initiating the enquiry, may take steps to settle the matter between the parties through conciliation.

3.    Committee shall complete enquiry within a period of 90 days.

4.    On completion of enquiry, committee shall forward a report of its findings to the employer.

5.  When allegations are proved, Committee shall recommend to the employer to take action such as written apology, withholding promotion, withholding of increments, termination of services etc.

6.    Action may be taken against women on false or malicious compliant.

7.    Employer shall within 60 days shall act upon recommendation of committee.

Duties of Employer

1.    To provide a safe working environment at the workplace.

2.    Display at any conspicuous place in the workplace, penal consequences of sexual harassment and order constituting Internal Complaint Committee.

3.    Organize workshop and awareness programme under the Act

4.    Treat sexual harassment as gross misconduct.

No format for the POSH Annual return has been prescribed under the Act However, employer may user below particulars for the standard format and file Annual return under the act, this is to be sent to the competent authority as notified by the appropriate govt.  

  Number of Complaints of sexual harassment received  in the year                

·         Number of Complaints disposed during the year                                         

·         Number of cases pending for more than ninety days                         

·         Number of workshops or awareness programmes against sexual harassment Carried out                                                                                  

·         Nature of action taken by the employer

Separation from Organization

Issuance of warning Letter

Verbal Counselling