Asso.prof.(commerce & Management)
Legal And Hr Advisor

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The attached note is an effort at highlighting the immediate obligations of employers under the The Sexual Harassment of Women At Workplace (Prevention, Prohibition and Redressal) Act, 2013, which has come into force from 09.12.2014.
The formalities to be complied with under the Act should henceforth become a regular function of the HR department of any organisation.
Best Regards

Attached Files
File Type: pdf Sexual Harassment Prevention - Legal Obligations of Employers.pdf (58.7 KB, 557 views)

I have a query , Is it mandatory to have a committee, when the total number of women employees are 4 , and there has been no complaints any whatsoever. Also, what is the statutory requirement as per Companies Act.
Hello RSV,
There is no specific detailed action plan is stipulated aiming at prevention of sexual harassment to women in work places except that the Directors on the Board of a Co. should submit a report to it's share holders every year. However, after notification of the Companies Amendment Act, 2017, some amendments u/s. Section 134 are introduced relevant to this subject. One of those amendments notified on 31st July, 2018 i.e. the report of board shall contain “a statement that the company has complied with provisions relating to the constitution of Internal Complaints Committee under Sexual harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013”.
Board report should contain disclosures as per Section 134 read with rule 8.
W.e.f. 31st July, 2018 it is mandatory for each and every company except (Small Company and OPC) to mention in its Board's Report that:
Internal Complaints Committee (Sexual harassment of women at workplace):
Board of Directors for the Financial year........ (Suggested draft is as follows:)
Directors’ Report:
" The Company has constituted committee under the sexual harassment of women at workplace (prevention, prohibition and Redressal) Act, 2013 and complied with the provisions of the same.
The Company is committed to provide a safe and conducive work environment to its employees during the financial year.
Your Directors further state that during the financial year........., there were ____ no.of cases filed and necessary action as provided for in the Act has/have been taken (or)
NO cases filed pursuant to the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013."
Also refer to the attachment in this regard.

Attached Files
File Type: docx COMPANIES ACT & PoSHWWA.docx (16.0 KB, 69 views)

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