The Sexual Harassment of Women at Workplace Act 2013 provides a comprehensive mechanism to help employers ensure a safe and conducive workplace for all employees.
Companies are required to adopt a set of mechanisms, which includes an anti-sexual harassment policy, employee sensitization sessions, and the constitution and training of Internal Complaints Committee (ICC) members, to draft a zero-tolerance policy towards sexual harassment. To strengthen compliance, the Act mandates the filing of an annual report by organizations.
One of the most important compliance requirements is the submission of the Annual Report. The Annual Report serves as an effective monitoring tool for employers as well as the government. It is an important yardstick against which one can measure the effectiveness and implementation of the compliances required by the law.
What Needs to be Done
The Internal Committee, at the end of every calendar year, needs to prepare an Annual Report, which is then submitted to the employer. The employer, in turn, submits this Annual Report to the District Officer.
What Should the Annual Report Contain?
Rule 14 of the Act states that the following details need to be included in the Annual Report for the calendar year starting January 1 – December 31 of every year. Complaints refer to the number of sexual harassment complaints in this case.
The District Officer may issue notifications asking for more information than what is mentioned in the Act. This includes information on training sessions held for employee awareness and IC skill sessions. Other information pertaining to the mandatory compliances in the Act, such as posters and notifications, may also be required. The District Officer for Mumbai released a template for the Annual Reports to be submitted.
Who is the Annual Report submitted to?
The appropriate government declares the District Officer for each district. It may be the District Magistrate, Additional District Magistrate, or Deputy Collector. Every district would have its District Officer.
When to File the Annual Report?
The law is silent on the specific period for submission of the Annual Report. However, since the law mentions that it needs to be submitted each calendar year, in the absence of a contrary notification, it is recommended to submit the Annual Report by January 31st every year. The timeline may be extended by the District Officer.