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Prabhat Panday
Hi Everyone, Please guide me, on how to file the POSH Annual Return in Gujarat Vadodara ? Thank you so much.
From India, Ahmedabad
DIPTI SRIVASTAVA 83
23

The Sexual Harassment of Women at Workplace Act 2013, provides for a very comprehensive mechanism that helps the employer assure a safe and conducive workplace to all its employees.

Companies are required to adopt a whole set of mechanisms which includes , anti-sexual harassment policy, employee sensitization sessions, constituting and training of internal complaints committee (ICC) members, etc. for drafting a zero-tolerance policy towards sexual harassment. To strengthen compliance, the act mandates filing of an annual report by the organisations.

One of such compliances and the most important one is the submission of Annual report. Annual Report is an effective monitoring tool for the 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 needs to be 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 Jan 1 – Dec 31 of every year. Complaints refers to number of sexual harassment complaints in this case.


The District officer may issue notifications asking for more information that what is mentioned in the Act. It 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 own District Officer.

When to File the Annual Report?
The law is silent on the specific period of submission of Annual Report. But since the Law mentions that it needs to be submitted each calendar year, in case there is no notification to the contrary, it is recommended to submit the Annual report by 31st January every year.
The timeline may be extended by the District Officer.


DIPTI SRIVASTAVA 83
23

On the Company’s Letterhead:

Ref: XXXX/ADMN/2021-22/9999 <File reference, as per your format>

To Date:
The Deputy Labour Commissioner
Region-
Department of Labour

Annual Report for the Year – 2021, under “Section 21, Rule 14 of Sexual Harassment at Workplace (Prevention, Prohibition and Redressal) Act-2013

Dear Sir,

Kindly find below the annual report for the year 2021, with respect to the complaints received, disposed of, and pending under “The Sexual Harassment at Workplace (Prevention, Prohibition and Redressal) Act-2013


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