POSH Act: Annual Report Filing Compliance Checklist for Companies

This article is written by Atishay Jain, a former UPSC aspirant and a core member of the ApniLaw team. With a keen interest in public law and workplace rights, he brings clarity to complex legal topics like the POSH Act. For any personal queries or suggestions, feel free to reach out to us through our official channel.

Introduction

Every company with 10 or more employees must comply with the POSH Act, 2013. This includes filing an annual report detailing the company’s efforts to prevent sexual harassment. Failing to file can lead to heavy penalties and reputational damage. Use this checklist to ensure full compliance with the law.

Who Prepares the POSH Annual Report?

• The Internal Committee (IC), also known as the Internal Complaints Committee (ICC), must prepare the report.
• The report must cover the calendar year (January–December).

What Should the POSH Report Include?

As per Rule 14 of the POSH Rules, 2013:

• Number of sexual harassment complaints received
• Number of complaints resolved
• Pending cases over 90 days
• Reasons for any delays
• Workshops or awareness sessions conducted
• Action taken by the employer or District Officer

Where to Submit the POSH Report?

• Submit the report to the employer and District Officer (DM, ADM, Collector, or Deputy Collector).
• Some states also require submission to the State Women and Child Development Department.

POSH Report Filing Timeline

• No national deadline, but January 31st of the next year is generally accepted.
• Always verify local rules for your state or district.

How to Submit the POSH Report

• Hand Delivery: Get a signed acknowledgment from the District Officer.
• Registered Post (RPAD): Keep the acknowledgement receipt.
• Email: Allowed in some areas; keep proof of sending.

What If There Are Zero Complaints?

• Filing is still mandatory.
• Include awareness programs and compliance steps in the report
• Include the number of cases filed and disposed of in the Director’s Report.
• The Director’s Report follows the financial year (April–March).
• The POSH annual report follows the calendar year (January–December).

Penalties for Non-Compliance

• Fine up to ₹50,000 for the first offence.
• Repeated violations may double the fine.
• Authorities may cancel or suspend the business license.

What Is The Overall POSH Annual Report Filing Checklist?

• Formed and functional Internal Committee
• Complaints and redressal details included
• Delays explained
• Workshops and trainings listed
• Employer or District Officer’s actions documented
• Signed by Presiding Officer (ideally by all IC members)
• Submitted to both employer and District Officer
• Submission proof retained
• POSH disclosure added to Director’s Report

What Are The Steps to Ensure POSH Compliance

1. Form a Proper Internal Committee (IC)
   Include a senior female Presiding Officer.

• Add at least two employees and one external member (NGO/legal expert).
• Train IC members to handle complaints fairly and efficiently.

2. Conduct POSH Awareness and Training
   Provide training at onboarding and annually.

• Use posters, brochures, and digital content for visibility.

3. Create Confidential Reporting Channels
   Set up multiple complaint options (email, hotline, in-person).

• Ensure anonymity and protect complainants from retaliation.

4. Act Quickly on Complaints
   Investigate each case within 90 days.

• Take fair action without delay.
• Keep inquiry details confidential.

5. File the Annual POSH Report Promptly
   Include all complaint details and actions taken.

• Submit to the District Officer and retain proof.
• Disclose POSH details in the company’s Director’s Report.

6. Maintain Proper Records
   Keep complaints, investigations, and training records for at least three years.
7. Review and Update POSH Policy Regularly

• Review policies yearly or after major changes.
• Use IC feedback and employee input to improve practices.

8. Build a Culture of Respect and Compliance

• Ensure leadership supports a safe workplace.
• Promote communication and trust around POSH issues.

Conclusion

Filing the POSH annual report is more than a legal formality, it reflects your company’s commitment to a safe and respectful work environment. Follow this checklist and stay compliant to avoid penalties, protect your brand, and support your employees.