Sample Badge & Sample Certificate​

At Equilibrio Advisory LLP, we strive to create Workplaces that are safer and more conducive – the kind that enable employees to unlock their true potential. It is our vision and mission to build Workplaces that are Equitable and Safe and have assisted 500+ organizations in complying with this Law. To know more about the compliances, our clients and more, please visit https://equilibrioadvisory.org/.
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Our process for ascertaining compliance is:

For issuing the compliance certificate, we, shall initiate the process by requesting copies of the relevant documents pertaining to aforementioned compliance requirements under the POSH Law and the notifications given by relevant authorities under this Law.. Reviewing these documents will help us assess the extent of compliance with the POSH Act by the Organization.  

We would also request for access to the reference content  for the trainings conducted for employees and IC members, if not conducted by us along with reviewing the inquiry reports and the process followed by Internal Committee in the process of conciliation and inquiry respectively. .  

Should any compliance gaps be identified, we are committed to assisting the organizations in fulfilling these requirements in accordance with the law. As part of our commitment to ensure compliance, we schedule a call with organizations’ point of contact to discuss these matters in detail and address any concerns or questions they may have. This call serves as an opportunity to collaborate closely with organizations to reinforce the importance of POSH compliance and to facilitate the necessary steps to achieve it.  

Upon satisfactory completion of the process, we proceed to issue the compliance certificate to the organization, signifying their adherence to the requirements outlined by the POSH Law for that calendar year. 

How can this Certificate and Ribbon be used?

POSH Compliance Certificate

Compliance requirements under Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act & Rules, 2013 (POSH Law)The POSH Law, enacted by the Government of India in 2013, is a legislation aimed at creating safe working environment for all by spotlighting prevention and redressal of sexual harassment of women at workplaces. The POSH Law outlines essential guidelines for organizations, having more than 10 employees, to foster a secure environment for women. These requirements are:
Drafting of Anti-sexual harassment Policy (Rule 13 (a))
Organizations need to develop a comprehensive Anti-Sexual Harassment Policy in line with the requirements of the POSH Law. This policy should outline the organization’s commitment to providing a safe workplace, define sexual harassment, workplace, who, against whom and with whom to file a complaint of sexual harassment, stating the redressal options available along with outlining the process and timelines laid out in accordance with the law, and the recommendations to be meted out if the person is found guilty of sexual harassment / filing malicious complaint. Lastly, it is recommended to include roles and responsibilities of each stakeholder under the scope of this policy.
Dissemination of the Policy (Rule 13 (a))
Organization needs to ensure that the policy is shared with all employees including consultants and contract employees. The law does not state how the policy needs to be disseminated. However, This can be done through employee portals, emails, s or any other internal communication mechanism.
Constitution an Internal Committee (Section 4)​

As per the POSH Act, it is mandatory for every organization in India with 10 or more employees to constitute an Internal Committee (IC) to address complaints of sexual harassment at the workplace. Where the offices or administrative units of the workplace are located at different places or divisional or sub-divisional level, the Internal Committee shall be constituted at all administrative units or offices.

Following points should be considered while constituting an IC:

  • Each IC needs to have a minimum of 4 members.
  • Presiding Officer is a Senior Level woman employee. Provided that in case a senior level woman employee is not available, the Presiding Officer shall be nominated from other offices or administrative units of the workplace. Provided further that in case the other offices or administrative units of the workplace do not have a senior level woman employee, the Presiding Officer shall be nominated from any other workplace of the same employer or other department or organisation.​
  • External independent member nominated on IC who have experience of handling complaints of sexual harassment.​
  • All internal IC members are “Employees” and not “Employers”.​
  • That at least 50% of the IC member shall be women.​
  • Term of all IC members is 3 (three) years.​

The constitution may vary as per the service rules, if applicable to the organization.

Order in Writing (Section 4)
IC has to be constituted by an “Order in writing”. This means that the constitution of IC is required to be formally done (in writing) by the employer for it to be considered a legally constituted IC. “An order in writing” may mean different things for different kinds of organizations and would depend on the type of registration they have under India laws and laws they have to follow. Employers that are registered as a Company (as per Companies Act, 1956 / 2013) would require a board resolution to be passed.
Registration of IC (As per Notification)
The POSH act does not specifically talk about registration. However, various districts or states issue circulars, orders, or notifications asking workplaces within their jurisdiction to formally register their ICs. Currently registration of the IC is required for Mumbai, Pune, Karnataka, Telangana and Noida.
Annual Reports (Section 21)​

According to Section 21 of the POSH Act 2013, the IC is required to submit an annual report to the District Officer. The IC should prepare and submit an annual report to the organization’s management, detailing the number of complaints received, actions taken, and measures implemented for prevention and redressal of sexual harassment. This Annual Report is then forwarded to the District Officer and Women and Child Development Office. Rule 14 of the POSH rules mentions the details that needs to be included in the POSH Annual report. These are:

Number of complaints of sexual harassment received in the year;​

Number of complaints disposed off during the year; ​

Number of cases pending for more than ninety days;​

Number of workshops or awareness programme against sexual harassment carried out; ​

Nature of action taken by the employer or District Officer. ​

Annual Report (Section 22)

Section 22 of the POSH act states that the employer shall include in its report the number of cases filed, if any, and their disposal under the Act in the annual report of the organization or where no such report is required to be prepared, intimate such number of cases, if any, to the District Officer. The Companies (Accounts) Rules, 2014 also outline certain requirements in this regard. Depending on the type of organization, disclosure requirements vary.

Notices and Posters (Section 19(b))​

The organization should prominently display notices and Posters at conspicuous places in the workplace informing employees about their rights, the procedure for filing complaints, and the contact details of the IC members along with penal consequences

Training for Internal Committee Members (Rule 13 (b and d))
Members of the IC, including the Presiding Officer and other committee members, are required to undergo training on handling complaints of sexual harassment. This training equips them with the necessary knowledge and skills to effectively inquire into complaints of sexual harassment upholding powers of civil court and practicing principles of natural justice.
Awareness Session for Employees (Section 19(c) and Rule 13 (f))​
A Sensitization programme needs to be conducted to educate all employees about their rights and responsibilities under the POSH Act. It covers topics such as what constitutes sexual harassment, how to recognize it, the procedure for filing complaints, and the consequences of engaging in harassment. Employee awareness training aims to create a culture of respect and zero tolerance towards sexual harassment in the workplace.

Our process for ascertaining compliance is:

For issuing the compliance certificate, we, shall initiate the process by requesting copies of the relevant documents pertaining to aforementioned compliance requirements under the POSH Law and the notifications given by relevant authorities under this Law.. Reviewing these documents will help us assess the extent of compliance with the POSH Act by the Organization.  

We would also request for access to the reference content  for the trainings conducted for employees and IC members, if not conducted by us along with reviewing the inquiry reports and the process followed by Internal Committee in the process of conciliation and inquiry respectively. .  

Should any compliance gaps be identified, we are committed to assisting the organizations in fulfilling these requirements in accordance with the law. As part of our commitment to ensure compliance, we schedule a call with organizations’ point of contact to discuss these matters in detail and address any concerns or questions they may have. This call serves as an opportunity to collaborate closely with organizations to reinforce the importance of POSH compliance and to facilitate the necessary steps to achieve it.  

Upon satisfactory completion of the process, we proceed to issue the compliance certificate to the organization, signifying their adherence to the requirements outlined by the POSH Law for that calendar year. 

How can this Certificate and Ribbon be used?

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