Compliance Checklist (Comprehensive) Regarding the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“PoSH Act”)
- Anhad Law
- Aug 25
- 3 min read
On December 20, 2023, a compliance checklist has been issued by the Additional Deputy Commissioner, Gurugram, State of Haryana under the POSH Act which is applicable to all non-government organizations (“the organizations”) including companies, hospitals, banks and schools, etc.
The guidelines make it mandatory for the Internal Committee (“IC”) formed under the POSH Act to provide an annual report to the district officer.
Additionally, the check-list has been issued with the intent of ensuring a compliance of the POH Act and has listed out the obligations of an employer as well as IC. The relevant contents of the check-list are as below:
Whether the organization has prepared and implemented an internal PoSH policy?
Is sexual harassment treated as a form of misconduct under the employment contract, service rules, or standing orders (where applicable)?
Is an Internal Committee (IC) formed at the office/offices of the organization as required under the PoSH Act, 2013?
Are notices regarding the organization’s stance on sexual harassment displayed at conspicuous places, including the consequences of committing such acts?
Has sufficient information about the members of the IC been displayed at prominent places in the workplace in Hindi, English, and the regional language?
Does the organization conduct workshops and awareness programs at regular intervals to sensitize employees about its stance on sexual harassment and its consequences?
Are all categories of employees covered under these awareness programs?
Has the organization made efforts to make employees aware of their rights under the PoSH Act?
Is there a system in place to assist an employee who has been sexually harassed in approaching the IC or dealing with the psychological and other effects of sexual harassment?
Is assistance provided to harassed individuals in filing criminal complaints at the police station?
Has the organization constituted an IC at all units/offices as per the PoSH Act, and does it have the required number of members?
Does the organization follow and implement the IC’s recommendations regarding interim measures and the final award within the prescribed time period?
Is the functioning and performance of the IC being monitored at the board level?
Are annual reports containing details of harassment cases and proceedings being forwarded by the IC to the prescribed authorities?
Does the organization include information about pending and resolved cases in its annual report (as required under the Companies Act, 2013)?
Does the organization disclose in its annual report details such as the number of complaints received, the number of complaints disposed of, and the number of workshops conducted during the year?
It is expected that when an annual report is filed, the organizations provide copies and/or extracts of some of the information/documents that are covered in the checklist.
As per earlier directions issued in this regard, an annual report is required to be submitted with the District Office (er) in the prescribed format[1] only through e-mail[2].
Similar instructions had been issued in Gurugram, state of Haryana in the past besides some other states.
Anhad Law’s Perspective
Upon reviewing the checklist, it becomes evident that the authorities in Gurugram, a pivotal business jurisdiction in the state of Haryana, are actively committed to enforcing compliance with the POSH Act.
The emphasis on compliance underscores the government's stance, signalling a clear intent for the law to be adhered to both in its letter and spirit. While businesses grapple with various statutory obligations, it is crucial, from a social and governance standpoint, to ensure steadfast adherence to these significant aspects, given their increasing importance in the times ahead.
Manishi Pathak, Founding Partner and Tanvi Pandey, Associate
[1] For further clarity on the notification and the format- https://gurugram.gov.in/shww/