The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 ("POSH Act") mandates that the Internal Committee ("IC") of each organization to which the POSH Act applies to submit an annual report. The Government of Haryana, vide its notification dated December 20, 2023, has directed all non-governmental organizations, including private companies, to inter-alia submit following additional documents and information to demonstrate their compliance with the POSH Act:
- Policies:
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- POSH Policy: Information on whether an organization has prepared and implemented a POSH policy, along with the reference number for the said policy.
- Sexual Harassment as Misconduct: Information on whether an organization has specified sexual harassment as misconduct under its employment contracts, service rules, or standing orders (if applicable).
- Notices:
- Information on whether an organization has displayed the following notices, and the locations within a workplace where these notices have been displayed:
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- Organization's stance on sexual harassment and consequences of engaging in such acts.
- details of the members of the IC, displayed in Hindi, English and the regional language (for employees, vendors, sub-vendors, contract labourers, visitors, etc., who may not understand Hindi or English).
- A copy of the notices must also be submitted with the annual report.
- Employee Awareness and Assistance:
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- Details of workshops, awareness programs or seminars undertaken during the calendar year, including number and mode (physical/virtual) of workshops conducted, date of workshops, information on whether an organization has conducted awareness programmes of all employees, including contractual staff like security guards, washroom attendants, drivers, etc.;
- Details of processes in place to provide assistance to employees who have been sexually harassed in approaching the IC and dealing with psychological and other effects of sexual harassment;
- Information on whether the organization provides assistance to harassed individuals to file a criminal complaint under the Indian Penal Code, 1860, or any other law in force.Top of Form
- Internal Committee & compliance with recommendations:
- Copy of the order made for constitution of the IC along with information on: i) valid constitution the IC in line with the POSH Act, along with the details of members; ii) orientation programs held for capacity and skill building of the IC members; iv) facilities provided to the IC for dealing with sexual harassment proceedings.
- Details as to whether an organization has implemented the IC's recommendations regarding interim measures and final award within the prescribed time period must also be provided.
Considering Haryana is a hub for a large number of multi-national companies operating in India, it is essential for the entities to ensure compliance with provisions of the POSH Act on an urgent footing.
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