Filing a POSH report at Gurgaon is also an obligatory statutory compliance requirement in Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. All covered employers of Gurgaon must make sure that the POSH annual report is prepared and submitted to the identified notified District Officer on time regardless of whether there were any complaints received in the course of the year or not.
The inability to fulfil the POSH reporting requirements may create vulnerability to financial fines, regulatory investigation by the Labour Department, and other negative outcomes during inspections, bids, and due diligence checks of a corporation.
This paper describes the legal mandate, reporting hierarchy, deadlines, jurisdiction, and ramifications of filing the POSH reports in Gurgaon, in practical terms to employers in Gurgaon of Haryana.
What is the legal requirement to file a POSH report in Gurgaon under the POSH Act, 2013?
The filing process of a POSH report at Gurgaon is statutory in nature and is obligatory as stipulated in Section 21 of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. All employers who are bound by the Act have a legal obligation to conduct yearly POSH reporting irrespective of any sexual harassment allegation obtained throughout the reporting year.
This is based on the reporting provisions of the POSH Act framework wherein the Internal Committee is directly liable to record its operation and provide a formal annual report to the District Officer who is officially notified as such to work within Gurgaon as a part of the Haryana Labour Department.
Gurgaon POSH reporting statutory basis
The reporting requirements of the POSH Act in Haryana do not occur voluntarily or through complaints. They automatically come into existence as soon as an establishment reaches the coverage limb of the Act.
The major legal foundations are:
- Part 21 of POSH Act, 2013 requiring the preparation of an annual report by the Internal Committee.
- Posh rules by the state of Haryana and district-level notices which operationalise POSH annual returns filing in Haryana.
- Administrative control of the District Officer, Gurgaon, who received the POSH compliance and monitored the compliance.
Limits of the obligation to undertake reporting
In the case of employers, the POSH compliance criteria to firms in Gurgaon go beyond inquiry process and involve development of annual reporting systems.
Accordingly:
- Internal Committee POSH reporting, Gurgaon, should be done once a calendar year.
- Even where there are no complaints, the POSH report has to be filed.
- The requirement is equally applicable to all the covered establishments such as the private firms, branches, and offices at Gurgaon.
Who has to file a POSH report in Gurgaon and the covered establishments?
In the process of submitting a POSH report in Gurgaon, it is a legal obligation of all employers having 10 or more workforces in Gurgaon to submit POSH reports. Applicability will be as per the location of the workplace, and no longer as per the place of incorporation, registered office or head office.
Applicability threshold on the POSH Act
With respect to POSH compliance requirements, in Gurgaon companies:
- The number of employees consists of permanent, contractual, temporary, and trainee employees.
- The threshold is determined at the workplace as opposed to entity.
- Internal Committee POSH reporting in Gurgaon is compulsory once the threshold has been satisfied, both in respect of POSH annual reporting in the state of Haryana as well as filing of POSH annual returns.
The requirement applies regardless of whether or not an act of sexual harassment has been reported throughout the year.
Companies that are obliged to submit a POSH report in Gurgaon
The categories of the employers eligible to fall under the category of POSH report filing in Gurgaon are the following, provided that the threshold of the employees is achieved:
- Individual limited companies, public limited companies and LLPs.
- Branch offices, liaison offices and project or site offices in Gurgaon.
- MSMEs and Startups based in Gurgaon.
- Institutions, coaching facilities, and training facilities.
- Clinics, healthcare service providers, and hospitals.
- IT, ITeS, manufacturing, logistics, warehousing and commercial services.
Any of these establishments must also abide by reporting of sexual harassment under the POSH Act in Gurgaon with preparation and filing of POSH annual report.
Several offices and geographical reporting
In a case whereby an organisation has several offices in India, individual office based in Gurgaon has to report POSH Act requirements in Haryana.
Accordingly:
- A consolidated report by a head-office is not a replacement of local compliance.
- The offices at Gurgaon will be expected to fill out how to file POSH annual report in Gurgaon separately in each office.
- Reporting should indicate the data related to workplace, Internal Committee activity, and a record of compliance.
This is the place based method, which is always adhered to by the labour authorities when inspecting and auditing POSH compliance in Gurgaon.
What types of POSH reports must be filed in Gurgaon?
By the process of submitting POSH report in Gurgaon, the employers have to submit only a single statutory report such as the POSH annual report prepared by the Internal Committee. No other or periodic POSH returns are required other than this annual statutory filing.
What is POSH annual report and at what time is it mandatory?
The POSH annual report is a consolidated statutory report that indicates the operations of the Internal Committee in the calendar year in question.
In the Gurgaon filing of the POSH report, the report should include:
- Complaints on sexual harassment received in the year.
- Complaints through which the case was disposed of and pending.
- Response by the employer to committee recommendations.
- Avoidance measures, sensitization programs or education programs taken.
- It has been confirmed that the Internal Committee is constitutionally and operationally sound.
In the case of employers, the way to file POSH annual report in Gurgaon does not rely on the activity of complaints. The report is also obligatory on an annual basis as part of POSH annual returns filing in Haryana.
Should a POSH report be provided when no complaint of sexual harassment is received?
Yes, Internal Committee POSH reporting in Gurgaon is obligatory even in nil-compliant years. In the event that no complaints have been received, the POSH annual report will have to capture this as such.
The breach of POSH compliance requirements of the companies in Gurgaon is considered failure to file on the ground that no complaints were reported. In this instance, regulatory authorities would view non-filing as non-adherence to sexual harassment reporting per the POSH Act in Gurgaon.
What needs to be contained in a POSH report submitted in Gurgaon?
The rules and the POSH Act specify a set of contents of a POSH report, which needs to be reflective of how an Internal Committee operates.
The mandatory disclosures encompass
- Received sexual harassment complaints.
- Disposed complaints in the year.
- Complaints outstanding over 90 days.
- Kind of actions that the employer has taken.
- Information on awareness programmes or workshops held.
- Verification of constitution and meetings of Internal Committee.
Information should be true, consistent internally and with the labour records of the committees because this is one of the major discrepancies that are often noticed during the labour inspection.
What is the step-by-step procedure for filing a POSH annual report in Gurgaon?
Step 1: The Internal Committee is to prepare the POSH report
The preparation of annual report that will encompass the whole calendar year is the first phase of Internal Committee POSH reporting in Gurgaon.
Internal Committee must:
- Prepare the list of the received, disposed, and unprocessed many sexual harassments complaints.
- Confirm the query schedules and results with the laws.
- Document activities performed by the employer based on committee proposals.
- Trainings or sensitisation measures or document awareness programmes carried out.
This is a key action of sexual harassment reporting as provided in the POSH Act in Gurgaon and has to be backed by committee records and meeting minutes.
Step 2: Internal check and closure of POSH report
The POSH annual report should be internally checked before submission so that it will be legally accurate and complete.
In accordance to the POSH compliance requirements of companies in Gurgaon:
- The Presiding Officer of the Internal Committee reads and authorizes the report.
- Fact consistency to inquiry records and employer activities is established.
- Nil-complaint reporting is specifically written where it is required.
Final report only ought to be submitted forward to file POSH annual return in Haryana.
Step 3: POSH report should be submitted to the District Officer, Gurgaon
The last procedure in how to file POSH annual report in Gurgaon is presentation to the competent authority.
The POSH report shall be submitted with:
- The District Officer named by the Section 5 of the POSH Act, Gurgaon.
- Normally the notified officer of the Haryana Labour Department is the Deputy Labour Commissioner, or some other notified officer.
According to the existing administrative practice, the filing of the POSH reports in Gurgaon is mostly done offline, except where the instructions of a certain district allow electronic filling.
Step 4: Proof and compliance records retention
Employers after submission must keep:
- An electronic version of the submitted POSH report.
- Acceptance or evidence of registration.
- Internal Committee supporting documentation.
These are records that are regularly inspected in labour inspection and a part of continuing POSH Act reporting in Haryana.
When do we have to submit the POSH report in Gurgaon?
The annual report of the POSH should be submitted within or before 28th February at the end of the calendar year.
For example:
- January-December 2025 report – It is due by 28th February 2026.
Late submission of a filing that is delayed even by a few weeks is considered a compliance failure, and would be documented at the time of inspections.
To whom should the POSH report be handed in in Gurgaon?
In Gurgaon, the knowledgeable figure entrusted with the role of filing POSH report is the district officer designated under section 5 of POSH act.
The District Officer:
- Receives and keeps POSH annual reports.
- Checks compliance on the part of employers.
- Can take action in case of non-compliance.
- Liaises with the Local Committee where necessary.
Employers need to make sure that the report is delivered to the appropriate district office because failure to deliver to the wrong office cannot fix the non-compliance.
What will be the outcome of a POSH report submitted to a District Officer in Gurgaon?
Upon submission, the District Officer can:
- Acknowledge receipt
- Check the report to make sure it is complete.
- Ask clarifications or more information.
- Raise the flag of non-compliance to be inspected or corrected.
Conformity reports are normally held in records in most situations except where inconsistency is observed.
What are the penalties for non-filing or incorrect filing of a POSH report in Gurgaon?
Failure to comply with the requirements of POSH reporting will result in punishment in Section 26 of the POSH Act.
Possible implications entail
- Monetary fine up to INR 50,000
- Stronger punishments on repeat offending.
- Termination or failure to renew business licences.
- Negative outcomes of labour inspections.
- More exposure in employment conflict.
Practically, Gurgaon labour officials have paid more attention to documentary POSH conformity, especially in the regular inspections.
What is the POSH report filing situation in Gurgaon?
Although the statutory requirement is the same in the state of Haryana, the administrative specifics might vary at a districtal level.
Differences may include:
- Reporting formats accepted
- Mean of submission (physical or electronic)
- Documents to be supported.
- District officer follow-up practices.
Employers are not supposed to assume that there would be uniformity in all the districts, and they should adhere to the Gurgaon-specific guidelines on POSH compliance.
What are the records and documents that the employers are expected to keep after submitting the POSH report in Gurgaon?
Having gone through the process of filing a POSH report in Gurgaon, employers are supposed to have supportive records that will show their continued compliance with the POSH Act. The maintenance of the records is necessary to allow the inspection, audit, and regulatory scrutiny by labour authorities in Haryana.
Record retention is classified to be an extension of the POSH act reporting requirement in Haryana and is regularly inspected during labour inspection and compliance audits.
Compulsory POSH records that should be kept by the employers
Within the context of the POSH compliance requirements of companies in Gurgaon, the employers are expected to have a consolidated compliance file that will be kept by them having the following documents within the compliance file:
- Copy of the POSH annual report handed over to the District Officer.
- Recognition of filing POSH annual returns in Haryana or receipt or any other evidence thereof.
- Documents of constitution of internal committees, such as appointment letter and composition.
- Minutes of Internal Committee meetings and proceedings of the inquiry.
- Documentation on the issues addressed and the investigations done and findings.
- Indication of sensitisation, trainings or awareness programmes done.
These records are directly related to POSH reporting (Internal Committee) in Gurgaon and to verify sexual harassment reporting in Gurgaon as provided by POSH Act.
Retention of records and compliance issues
Although the POSH Act does not state a particular statutory retention period, compliance practice states that:
- POSH records shall be kept not less than three years.
- Where complaints, inspection or proceedings are pending records should be prolonged.
Documentation shall be easily available in the process of the inspection involving the POSH report filing process in Gurgaon.
Does Gurgaon have the power to inspect and audit POSH compliance?
Yes. Gurgaon labour authorities can:
- Conduct inspections
- Call for POSH records
- Check Internal Committee operation.
- Investigate history of report filing.
The compliance of POSH is also being reviewed together in other labour law compliances especially to the IT and commercial set ups.
Frequently Asked Questions on POSH Report Filing in Gurgaon
Are POSH reporting required to be filled by startups and small offices in Gurgaon?
Yes. The startups and those with offices in Gurgaon with an establishment of ten persons or more are compelled to file a POSH report. This is the liability that is provided in the POSH Act according to the strength of the employees, but not because of turnover, age of the business or the form of organization of the business, and is equally applicable to all covered places of work in Gurgaon.
Is there a branch office in Gurgaon which is required to submit a separate POSH report?
Yes. A branch office in Gurgaon must submit a different POSH report at the said workplace. POSH reporting requirements are determined on a location basis and consolidated report which is filed by a head office does not replace compliance by a Gurgaon branch.
Is an employer liable in case the Internal Committee is formed but the report has not been filed?
Yes. The non-compliance even with a properly constituted Internal Committee is failure to file the POSH annual report. Reporting under the POSH Act is a separate statutory duty and failure to do so carries a penalty regardless of whether the Internal Committee exists or not and whether the company is operating or not.
Is a prescribed format of POSH annual report used in Gurgaon?
There is no specified statutory structure to be adopted in Gurgaon only. The POSH annual report, however, should include all the disclosures, required by Section 21 of the POSH Act, and labour authorities in Haryana may insist that forms or templates depending upon the district be followed.
Who is the signature to the POSH report prior its submission in Gurgaon?
The Presiding Officer of the Internal Committee will be supposed to sign the POSH report. Other compliance practice is that the countersignature or authorisation of the senior management may also be sought by the organisation, however the legal liability is borne by the Internal Committee to do so.
About Us
Corrida Legal is a boutique corporate & employment law firm serving as a strategic partner to businesses by helping them navigate transactions, fundraising-investor readiness, operational contracts, workforce management, data privacy, and disputes. The firm provides specialized and end-to-end corporate & employment law solutions, thereby eliminating the need for multiple law firm engagements. We are actively working on transactional drafting & advisory, operational & employment-related contracts, POSH, HR & data privacy-related compliances and audits, India-entry strategy & incorporation, statutory and labour law-related licenses, and registrations, and we defend our clients before all Indian courts to ensure seamless operations.
We keep our client’s future-ready by ensuring compliance with the upcoming Indian Labour codes on Wages, Industrial Relations, Social Security, Occupational Safety, Health, and Working Conditions – and the Digital Personal Data Protection Act, 2023. With offices across India including Gurgaon, Mumbai and Delhi coupled with global partnerships with international law firms in Dubai, Singapore, the United Kingdom, and the USA, we are the preferred law firm for India entry and international business setups. Reach out to us on LinkedIn or contact us at contact@corridalegal.com/+91-9211410147 in case you require any legal assistance. Visit our publications page for detailed articles on contemporary legal issues and updates.
Legal Consultation
In addition to our core corporate and employment law services, Corrida Legal also offers comprehensive legal consultation to individuals, startups, and established businesses. Our consultations are designed to provide practical, solution-oriented advice on complex legal issues, whether related to contracts, compliance, workforce matters, or disputes.
Through our Legal Consultation Services, clients can book dedicated sessions with our lawyers to address their specific concerns. We provide flexible consultation options, including virtual meetings, to ensure ease of access for businesses across India and abroad. This helps our clients make informed decisions, mitigate risks, and remain compliant with ever-evolving regulatory requirements.