Introduction
The Gurgaon District Officer for prevention of sexual harassment (POSH), who is also the Additional Deputy Commissioner of Police, has mandated companies operating out of Gurgaon (Gurugram) to file their POSH Annual Report in the format prescribed herein latest by April 30th, 2024. In the wake of increasing awareness and stringent regulations surrounding workplace harassment, Gurgaon companies are obligated to adhere to this prescribed format for the filing of their compulsory POSH Annual Report. This comprehensive checklist, mandated by the District Officer – Gurgaon Additional Deputy Commissioner, aims to ensure compliance with the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 and the rules made thereunder.
Understanding the Compulsory POSH Annual Report Format:
The annual report format outlined by the Gurgaon Additional Deputy Commissioner encompasses various aspects of POSH compliance that companies must address. From policies to employee awareness programs and the functioning of the Internal Committee, each component plays a crucial role in fostering a safe and harassment-free work environment.
Key Components of the Mandatory Annual Report:
- Policies: Companies must have internal policies in place for the prevention, prohibition, and redressal of sexual harassment, along with specified consequences for misconduct.
- Notices: Adequate signage and information about the Internal Committee should be prominently displayed in the workplace.
- Employee Awareness and Assistance: Regular workshops and awareness programs must be conducted to sensitize employees about their rights and the consequences of engaging in harassment.
- Internal Committee: The constitution and functioning of the Internal Committee, along with orientation and capacity-building programs, are essential aspects of compliance.
- Compliance with Committee Recommendations: Companies must adhere to the recommendations provided by the Internal Committee and monitor its functioning.
- Reporting: The Internal Committee must submit an annual report containing details of sexual harassment cases, workshops conducted, and actions taken by the employer or District Officer.
- Annual Report Submission: Failure to comply with the requirements of the POSH Act may result in penalties as prescribed by the law.
Penalty for Non-Compliance under POSH Act
In cases where the employer fails to establish the Internal Committee or participates, attempts to participate, or aids in the violation of any provision outlined in the POSH Act or the POSH Rules, they may face penalties. These penalties may amount to a fine of up to INR 50,000 (Indian Rupees Fifty-Thousand only). Moreover, if an employer, previously convicted of a violation under the POSH Act, commits a similar offense and is subsequently found guilty, the penalty imposed could be twice as severe.
Additionally, depending on the circumstances, the government or local authority reserves the right to revoke or deny the renewal of the employer’s license or registration, which is essential for conducting their business operations. Such actions by the authorities emphasize the gravity of non-compliance with the POSH Act and underscore the imperative for employers to adhere diligently to its provisions.
Conclusion
The prescribed POSH Annual Report format serves as a cornerstone in Gurgaon’s corporate landscape, fostering a culture of zero tolerance towards sexual harassment and promoting gender-sensitive workspaces. Compliance with the Act’s provisions not only mitigates legal ramifications but also underscores a company’s commitment to upholding the dignity and rights of its employees. Gurgaon companies must embrace this mandate proactively, embodying the principles of inclusivity and respect in their organizational ethos. Failure to comply with the stipulated requirements may result in penalties as delineated under the Act, emphasizing the non-negotiable nature of regulatory compliance in fostering equitable workplace.
Other useful links:
Read our article on Prevention of Sexual Harassment (POSH) Law Requirements in India, published by the leading journal Mondaq. You may also want to read on ‘How To Be Legally Compliant With HR And Employment Laws In India‘ published on Mondaq.com. Visit our publications page for detailed articles on contemporary legal issues and updates, including: FAQs on Sexual Harassment at Workplace, Penalty for Non-Compliance with POSH (Prevention of Sexual Harassment Law), Forms of Workplace Sexual Harassment
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