Hello experts, the organization I work for has not registered with the ICC and has not filed Annual Returns for POSH, as we were not aware that these are mandatory. Now, I have been put in charge of this and I wanted to know, as we are based in Pune, how do we proceed.
From India
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Addressing the situation where your organization has not registered the Internal Complaints Committee (ICC) under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, and has not filed Annual Returns for Prevention of Sexual Harassment (POSH), here are the steps you should take:
Registering the Internal Complaints Committee (ICC)
1. Formation of ICC: As per the POSH Act, every organization with 10 or more employees must constitute an ICC to handle complaints of sexual harassment.
2. Composition: Ensure the ICC is properly constituted with the required members, including a Presiding Officer (who should be a woman employed at a senior level) and members from among employees committed to gender equality and prevention of harassment.
3. Registration: Register your ICC with the appropriate authority. In Maharashtra, including Pune, this authority is typically the District Officer or the Local Complaints Committee (LCC) set up by the state government.
4. Notification: Once the ICC is formed, notify all employees about the ICC's composition, including names and contact details of ICC members.
Filing Annual Returns under POSH
1. Annual Report: Under the POSH Act, every employer is required to file an Annual Report with details of complaints received and actions taken by the ICC during the year.
2. Format: The Annual Report format may vary slightly by state, but generally, it includes information such as the number of complaints received, their disposal, and any preventive measures taken.
3. Filing: File the Annual Return online on the POSH Online Complaints Management System (POSH-OCMS) portal or through any other designated platform as per the state's guidelines.
Steps to Proceed
- Immediate Action: Start by constituting the ICC if it has not been formed already. Ensure it complies with the composition requirements under the POSH Act.
- Registration: Contact the District Officer or the appropriate authority in Pune to register your ICC. Obtain the necessary forms and guidelines for registration.
- Training: Provide necessary training to ICC members on handling complaints, maintaining confidentiality, conducting inquiries, and following due process.
- Annual Returns: Gather information on any past incidents or complaints of sexual harassment to prepare the Annual Returns. Ensure accurate and timely filing going forward.
- Awareness and Compliance: Conduct awareness programs among employees about the POSH Act, their rights, and the process for reporting any incidents of harassment.
Legal and Compliance Support
If needed, consider seeking assistance from a legal advisor or consultant specializing in employment laws and compliance with the POSH Act. They can provide tailored guidance based on the specific requirements in Pune and help ensure your organization meets all legal obligations related to preventing sexual harassment at the workplace.
By taking these proactive steps, your organization can demonstrate its commitment to creating a safe and respectful workplace environment in compliance with the POSH Act.
From India, Guwahati
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8Registering the Internal Complaints Committee (ICC)
1. Formation of ICC: As per the POSH Act, every organization with 10 or more employees must constitute an ICC to handle complaints of sexual harassment.
2. Composition: Ensure the ICC is properly constituted with the required members, including a Presiding Officer (who should be a woman employed at a senior level) and members from among employees committed to gender equality and prevention of harassment.
3. Registration: Register your ICC with the appropriate authority. In Maharashtra, including Pune, this authority is typically the District Officer or the Local Complaints Committee (LCC) set up by the state government.
4. Notification: Once the ICC is formed, notify all employees about the ICC's composition, including names and contact details of ICC members.
Filing Annual Returns under POSH
1. Annual Report: Under the POSH Act, every employer is required to file an Annual Report with details of complaints received and actions taken by the ICC during the year.
2. Format: The Annual Report format may vary slightly by state, but generally, it includes information such as the number of complaints received, their disposal, and any preventive measures taken.
3. Filing: File the Annual Return online on the POSH Online Complaints Management System (POSH-OCMS) portal or through any other designated platform as per the state's guidelines.
Steps to Proceed
- Immediate Action: Start by constituting the ICC if it has not been formed already. Ensure it complies with the composition requirements under the POSH Act.
- Registration: Contact the District Officer or the appropriate authority in Pune to register your ICC. Obtain the necessary forms and guidelines for registration.
- Training: Provide necessary training to ICC members on handling complaints, maintaining confidentiality, conducting inquiries, and following due process.
- Annual Returns: Gather information on any past incidents or complaints of sexual harassment to prepare the Annual Returns. Ensure accurate and timely filing going forward.
- Awareness and Compliance: Conduct awareness programs among employees about the POSH Act, their rights, and the process for reporting any incidents of harassment.
Legal and Compliance Support
If needed, consider seeking assistance from a legal advisor or consultant specializing in employment laws and compliance with the POSH Act. They can provide tailored guidance based on the specific requirements in Pune and help ensure your organization meets all legal obligations related to preventing sexual harassment at the workplace.
By taking these proactive steps, your organization can demonstrate its commitment to creating a safe and respectful workplace environment in compliance with the POSH Act.
From India, Guwahati
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Copy of Form U Annual Returns.xls
PF Annual Returns.zip