HomePOSH Compliance Certificate
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.
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:
The constitution may vary as per the service rules, if applicable to the organization.
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.
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.
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
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.