POSH Compliance Checklist ensures that the organisation has a properly constituted ICC, an effective POSH policy, and a clear complaint and inquiry mechanism. It covers employee awareness, ICC training, confidentiality, documentation, and timely handling of complaints. It also ensures annual reporting and statutory disclosures are completed as required under the POSH Act.

POSH COMPLIANCE CHECKLIST

1. Legal Obligations for Businesses
   • Set up an Internal Complaints Committee (ICC) for organizations with 10 or more employees.
   • Create and implement a written Anti-Sexual Harassment Policy and make it accessible to all employees.
   • Conduct regular sensitization and awareness workshops to educate employees about sexual harassment and prevention.
   • Maintain and file annual reports covering complaints received, their resolution status, and actions taken under the POSH Act.
2. POSH Compliance for Startups & Small Businesses – Checklist

Employee Threshold

• Check total worker count at each workplace.
• Include permanent, contractual, part-time, interns, regular on-site consultants, security staff, and housekeeping staff when assessing the 10-worker threshold.
• If the headcount reaches 10 or more at any point, constitute the Internal Complaints Committee (ICC) from that point.

Businesses with Fewer Than 10 Workers

• Understand that having fewer than 10 workers does not eliminate POSH obligations.
• Ensure employees are aware of the Local Complaints Committee (LCC) as an avenue for complaints.
• Direct eligible complaints to the district-level LCC, where applicable.
• Continue to maintain required policy display and employee awareness measures.

Multi-Location Startups

3. Penalties for Non-Compliance with the POSH Act

4. POSH Compliance Checklist for Employers
    

Set up Internal Complaints Committee (ICC)

• The ICC must consist of at least 4 members, including:
  • A Chairperson, typically a senior female employee or external member.
  • Two employees from the organization, one of whom should be a woman.
  • One external member with expertise in issues related to sexual harassment (e.g., a lawyer, counsellor, or social worker).
• Training for ICC members should include:
  • Legal knowledge of the POSH Act and how to handle complaints.
  • Sensitivity training to ensure members approach each case with empathy and respect.
  • Procedural training on how to investigate complaints while maintaining confidentiality and neutrality.

5. Mandatory Reporting & Documentation 

1. Annual Reporting Requirements for ICC

Every Internal Complaints Committee (ICC) is required to submit an annual report to the employer and the District Officer. This report must include:

• The number of complaints received and their nature.
• Actions taken on complaints, including the outcomes of investigations.
• Prevention measures implemented by the organization.
• Recommendations for improvement in compliance.

2. Filing with the District Officer and Employer

Under the POSH Act, the employer must file the annual report containing:

• The number of complaints addressed.
• Details of the action taken on each case, including whether the complaint was upheld and any penalties imposed.
• This report must be submitted to the District Officer annually, and the employer must also retain a copy for internal records.

3. Annual Report – Format, Deadline & Submission Rules

• Reporting period: Calendar year — 1 January to 31 December.
• Deadline: Usually 28 February of the following year, but the exact deadline may vary by District Officer.
• Sent from: Organisation/department’s official email ID.
• Addressed to: The concerned District Officer’s official email.
• Format: On the organisation’s letterhead and signed by the ICC Presiding Officer.

4. Annual report – prescribed data points under Section 21:

5. Section 22 – Company Annual Report Disclosure

• Section 22: The company’s annual report must disclose the number of POSH complaints received and disposed of.
• This is separate from the ICC’s annual report submitted to the District Officer.

Information to Include

• ICC composition and activities.
• Number and details of complaints received and disposed.
• Action taken, including penalties/resolutions.
• Recommendations for improving workplace safety and POSH compliance.

Board Report – Compliance Statement

The Board’s report should state:

• The ICC has been constituted as required.
• The company has implemented its Anti-Sexual Harassment/POSH Policy.
• Measures taken to prevent sexual harassment and ensure POSH compliance.