India's 2013 law on sexual harassment of women in the workplace (the so called 'POSH Act') requires the Internal Committee of each covered organisation to submit an annual report.

The Government of the state of Haryana, in a notification dated 20 December 2023, has directed all non-governmental organisations (including private companies) to submit additional documents and information to demonstrate their compliance with the POSH Act.

Policies

Organisations must provide information on whether they have prepared and implemented a POSH policy, along with the reference number for the policy. They must also provide information on whether the organisation has specified sexual harassment as misconduct under its employment contracts, service rules, or standing orders (if applicable).

Notices

Organisations must provide information on whether they have displayed the following notices, and the locations within the workplace where the notices have been displayed:

  • The organisation's stance on sexual harassment and the consequences of engaging in such acts.
  • Details of the members of the organisation's Internal Committee (IC), displayed in Hindi, English and the regional language.

A copy of these notices must also be submitted with the IC's annual report.

Employee Awareness and Assistance

Organisations must provide:

  • Details of any sexual harassment workshops, awareness programs or seminars undertaken during the calendar year.
  • Details of processes in place to provide assistance to employees who have been sexually harassed in reporting to the IC and dealing with psychological and other effects of sexual harassment.
  • Information on whether the organisation provides assistance to harassed individuals in filing a criminal complaint.Top of Form

Internal Committee and compliance with recommendations

Organisations must provide:

  • A copy of the order constituting the IC, along with information on the details of the IC members, any orientation programs held for them, and the facilities provided to the IC for dealing with sexual harassment proceedings.
  • Details as to whether the organisation has implemented the IC's recommendations regarding interim measures and final award within the prescribed time period.

Takeaway for Employers

Considering that Haryana is a hub for a large number of multi-national companies operating in India, it is essential for those entities to take immediate steps to ensure compliance with the provisions of the POSH Act and the additional Haryana-specific reporting requirements.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.