POSH-3

 Features of an Effective POSH Training

An employer must be careful about the kind of training they choose for employees. “For a training to have a positive impact on the employees and help in preventing sexual harassment at workplace, ”. it must have the following features:

1. It should be conducted at regular time intervals. Higher the frequency of training, better the retention.

2. The training must include real-life examples and scenarios that are relevant to the industry.

3. The training should not only focus on what is unacceptable in the organization. Employees should also be informed about responsible and respectful behavior.

4. Managers should also be enabled adequately as most times they will be the first the employees might approach.

5. Comprehensive enablement for the IC members with case studies and judgments.

You can check out our comprehensive POSH Awareness Trainings for staff, managers and IC Members, here.

Submission of Annual Report

POSH Act mandates that every organization that has ten or more employees should submit two reports every year:

• The Annual Report submitted by the Internal Committee to the Employer and the District officer.
• Directors’ Report to the ROC (if the organization is a Private Limited or Public Limited Company).

Annual Report submitted by the Internal Committee to the Employer and the District officer

Section 21(1) of the POSH Act states:

“21. Committee to submit annual report.— (1) The Internal Committee or the Local Committee, as the case may be, shall in each calendar year prepare, in such form and at such time as may be prescribed, an annual report and submit the same to the employer and the District Officer.”

The report should contain the following information:

1. Number of sexual harassment complaints filed in the year.

2. Number of complaints disposed of

3. Number of cases pending for resolution for more than ninety days.

4. Nature of the action(s) taken by the employer or the district officer and

5. Number of workshops/awareness programs conducted by the employer to increase awareness about sexual harassment at workplace.

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• The POSH Act does not mention a deadline to file the report. However, it is ideal to submit the report for a calendar year by 31st January of the following year. The District Officer will prepare a brief report and forward it to the State Government after receiving reports from organizations and the LC.

Directors’ Report to the ROC

Section 22 of the POSH Act speaks about the employer submitting information in annual report.

“22. Employer to include information in annual report.— The employer shall include in its report the number or cases filed, if any, and their disposal under this Act in the annual report of his organisation or where no such report is required to be prepared, intimate such number of cases, if any, to the District Officer.”

This report is the organizational annual report filed by the employer every financial year. If the organization is obligated to file the Directors’ report every year, the employer should include the number of sexual harassment cases filed in a year and their disposal in the report.

In addition to what the POSH Act mandates, the Ministry of Corporate Affairs amended the Companies (Accounts) Rules 2014. The amendment mandates organizations to make a statement in the Director’s Report that the organization is compliant to the POSH Act. This applies to all organizations registered under ROC except small companies and one person companies as defined by Companies Act.

Who is the District Officer?

The POSH Act states that every State Government shall notify a District Magistrate, Additional District Magistrate, Collector or Deputy Collector as the District Officer. The District Officer is responsible to discharge their duties under the Act at the district level. Section 20 of the POSH Act lays down the responsibilities of the District Officer:

• Monitor the timely submission of reports by the Local Committee and
• Take measures to engage NGOs for creating awareness on sexual harassment and the rights of women.

District Officer also has the following additional responsibilities:

1. Forwarding a brief report on the annual reports submitted by every employer in his/her jurisdiction.

2. Formulating a Local Committee in the district.

3. Designating a nodal officer for every block, taluka and tehsil in rural or tribal area and ward or municipality in the urban area. This nodal officer will receive complaints and forward it to the Local Committee.

4. Acting upon the recommendations of the Local Committee after the inquiry of a case.

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