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POSH (Part-5) - Law & Jury

POSH (Part-5)

The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act 2013 – (POSH)
POSH Compliance Checklist
Sl. No.ParticularsRelevant Sections / Rules under the POSH Act or Directives by the Supreme Court.
1.Has the Company prepared and implemented a POSH policy as per the POSH Act?Rule 13 of The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Rules, 2013.
2.Is sexual harassment specified as a form of misconduct under the employment contracts or service Rule?Section 19(i) of the POSH Act.
3.Has the Company created an Internal Committee?Section 4(1) of the POSH Act.
4.Is the Composition of the Internal Complaints Committee as per the POSH Act?Section 4 (2) of the POSH Act.
5.Has the Company conducted training, orientation programs, and upskilling of ICC members?Section 19 (c) of the POSH Act.
6.Has the Company conducted periodic workshops and seminars to sensitize employees about the stance of your organization on sexual harassment as well as about the consequences of engaging in any conduct that amounts to sexual harassment and to educate women about the rules and regulations of the POSH Act?Section 19 (c) of the POSH Act, Rule 13 of The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Rules, 2013, and as per the Supreme Court directive in the case of Aureliano Fernandes v. State of Goa on 12th May 2023.    
7.Has the Company provided sufficient information about the members of the ICC in prominent places of the Organization so that employees can reach them?Rule 13 of The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Rules, 2013.
8.Has the Company filed an annual report containing the necessary details as specified in the POSH Act?Section 21 of the POSH Act – The Company must file an annual report to the concerned authorities before the end of the due date.  
9.Has the Company made efforts to make employees aware of their rights under the POSH Act?Rule 13 of The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Rules, 2013.
10.Has the Company disclosed under the Companies (Accounts) Rules 2014, in rule 8(5)                A Company needs to make the following disclosure in the Director’s Report as per the Companies (Accounts) Rules, 2014 in rule 8(5) after clause (ix).
(x) a statement that the company has complied with provisions relating to the constitution of the Internal Complaints Committee under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013.
11.Has the Company made necessary information regarding the constitution and composition of ICCs, details of the email IDs and contact numbers of the designated person(s), the procedure prescribed for submitting an online complaint, as well as the relevant rules, regulations, and internal policies, are made readily available on the website of the Company?  As per the Supreme Court directive in the case of Aureliano Fernandes v. State of Goa on 12th May 2023.    

…to be continued

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Mohua Singh

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