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Guide

POSH Policy Requirements for Employers in India

An overview of employer duties under the POSH Act, 2013: Internal Committee, policy, awareness, annual report and related documents.

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 places specific duties on employers. This page summarizes them in general terms.

Internal Committee

The Act requires the employer to constitute an Internal Committee at each office or branch with ten or more employees (section 4). The Committee has a presiding officer and members drawn as the Act specifies, including an external member.

Duties of the employer

Section 19 lists the employer's duties. These include providing a safe working environment, displaying the penal consequences of sexual harassment and the constitution of the Internal Committee, organizing awareness programs and workshops, and assisting in securing the attendance of respondents and witnesses before the Committee.

Annual reporting

The Internal Committee prepares an annual report (section 21), and the employer includes the relevant information in its annual report (section 22). A fixed format makes this easier to do every year.

Consequences of non-compliance

Section 26 provides for penalties where an employer fails to comply with the Act. Repeated contravention carries additional consequences.

Documents that support these duties

A POSH policy, an Internal Committee handbook, management guidelines, an annual report format, employee communication material and a template for review meeting minutes together cover the documentation side of these duties. See the POSH document group.

This page is a general summary for information. Please confirm applicability and requirements for your facts.

Related

HR and Corporate Governance Policy LibraryOverview of all documents POSH Conduct and Workplace

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