POSH ACT COMPLIANCE CHECKLIST (Gurgaon-Haryana) 2023

Submit the annual report (from 01.01.2023 to 31.12.2023 under SHWW Act, 2013) of your organization by 30th April 2024 to the District Probation Officer Gurgaon.

Internal Committee is legally mandated by the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. As per the Act, It is mandatory for the Internal Committee of all organizations to provide an Annual Report in the prescribed format to the District Probation Officer.

POSH ACT COMPLIANCE CHECKLIST

1. Policies

i. Have you prepared and implemented an internal Sexual Harassment of Women at Workplace (Prevention, Prohibition and redressal) Act, 2013 Policy in your organization? If Yes, please mention reference number of the policy. __________________________

ii. Is sexual harassment specified as a form of misconduct under the employment contract or service rules, or the standing orders (if standing orders are applicable to your business)? If yes, please mention the amendment reference number: ______________________

iii. Have you created an Internal Committee (IC) as per the Sexual Harassment of Women at Workplace (Prevention, Prohibition and redressal) Act, 2013?  Yes/No

2. Notices

i. Have you displayed sufficient notices informing employees about your organization’s stance on sexual harassment and the consequences of indulging in such acts? If yes,

If yes, please attach a sample of the notice and also mention where this notice is displayed (e.g. at the notice board at the entrance of the workplace etc.)

ii. Have you provided sufficient information about the members of the IC at prominent places in the workplace in Hindi as well as English and regional language (applicable if you have employees/vendors/sub-vendors/contract labours/visitors etc. from a particular region who cannot read English or Hindi), so that employees and staff can reach out to them.

If yes, please attach a sample of display and also mention where this notice is displayed (e.g. at the notice board at the entrance of the workplace etc.)…………

3. Employee awareness and assistance :

i.  Do you organise workshops, awareness programmes or seminars at regular intervals to sensitize employees about the stance of your organization on sexual harassment and about the consequences of engaging in any conduct that amounts to sexual harassment?

If yes, please provide the date and number of workshops conducted in the calendar year 2023 (1st January, 2023 to 31st December, 2023).

Physical (in-person) orientation programme………………………

Virtual orientation programme- ……………….

  • Instructor-led virtual orientation programme……………………….
  • E-learning modules (educational materials and instructions), also mentioning the language(s) in which the E-learning module is disseminated………..

ii. Have you covered all your employees (including contractual staff like securityguards, washroom attendants, labourers, drivers, loaders etc.) in these awareness programmes?

iii. Have you made efforts to make employees aware about their rights under the act? If yes, please mention briefly about such communication (Like sharing minutes of meeting under SHWW Act, 2013, workshops, awareness sessions) ____________

iv. Is there any system or process to provide assistance to an employee who has been sexually harassed, in approaching the complaints committee and in dealing with psychological and other effects of sexual harassment?

If  yes, please mention briefly about the system: ………………………………

v. Does your organiz.ation provide assistance to the harassed individual to make criminal complaint in the police station under the Indian Penal Code (45 of 1860) or any other law for the time being in force?

4. Internal Committee:

(Section 4 (i) of the act states that every employer of a workplace shall, by an order in writing, constitute a Committee to be known as “Internal Committee” (Please attached order copy showing constitution of the Internal Committee).   

Please note that where the offices or the 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.        

Do you have required number of members in the IC as per the conditions laid down in the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013?

If yes, please attach order of constitution of IC with in excel sheet, as described in the table

Sr. noDetails of member of ICNameOfficial DesignationContact detail & email-idRemarks
      
      
      
      

Have you conducted an orientation program for the IC members?

If yes, please provide dates of such programmes: …………………………

Do you conduct capacity and skill building workshops for the IC members?

If yes, please provide the year wise the number of workshop conducted in year 2022 & 2023.

Do you provide necessary facilities to the IC for dealing with sexual harassment proceedings?

5. Compliance with complaints committee recommendations:

Have you followed the recommendations of the IC/LC (as applicable) regarding the interim measures?

Have you implemented the IC/LC’s (as applicable) recommendations as per the final award in the prescribed time period?

Do you monitor functioning and performance of the IC at a broad level?

For example: whether the complaints follow the prescribed time limits and procedures? Whether conciliation and the interim measures were considered?

6.Reports

Does the IC forward an annual report containing necessary details of sexual harassment case proceedings to the prescribed authorities?

Do you include information about pending and resolved sexual harassment cases in the annual report of your company as required under Section 22 of the POSH Act. ?

If Yes, please share the extract of this reporting__________

(As mentioned in The Companies (Accounts) Rules, 2014 under rule 8 (x) a statement that the company has complied with provisions relating to the constitution of Internal Complaints Committee under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013

If Yes, please share the extract of this reporting__________

7.Annual Report

Your annual report which the Complaints Committee shall prepare under Section 21, shall have the following details:-

Please attach your annual report in the following format duly signed by the respective head of the organization. *

Please note that formation of an Internal Committee and submission of required details and annual report as specified in Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, is legally mandatory; failure to comply with provisions of the Act will be subject to penalty as prescribed in the said Act.

Thanks and Regards

CS Avik Gupta (8076528319)

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