Key FAQs About POSH Annual Compliance Report

With the festivities coming to a halt and October finishing in the flash of a second, companies are rushing to meet their year-end targets. Yet amid the rush, it is crucial to pause and reflect on an often overlooked aspect of corporate responsibility, compliance.

While many may consider compliance merely an expense, few appreciate how costly non-compliance can truly be. Ignoring legal obligations like the POSH (Prevention of Sexual Harassment) Act compliance can lead to hefty fines, reputational damage, and operational disruptions.

Here’s a guide to help clear your doubts with frequently asked questions about the POSH Annual Compliance Report, a key compliance requirement for organizations in India.

Frequently Asked Questions on POSH Annual Report Filing

1. Is every company and entity required to submit the POSH Annual Compliance Report?
   Yes. All companies and entities with 10 or more employees must file this report annually to demonstrate compliance with the POSH Act and ensure safe, harassment-free workplaces.  Basically, all workplaces in India, including both public and private sector, companies, hospitals, educational institutes, sports facilites, NGO, etc.
2. What is the main purpose of the POSH Annual Compliance Report?
   The report documents details of sexual harassment complaints received, actions taken, and prevention efforts including awareness sessions, helping maintain transparency and accountability.
   
3. How many reports need to be filed each year, and to whom?
   One report is required but must be filed with two authorities: your company’s Board/Leadership and the District Officer.
   
4. Who is responsible for preparing and submitting the report?
   The Employer is responsible, through the Internal Complaints Committee (ICC) is responsible for compiling and submitting the report, typically signed by the ICC Chairperson.
   
5. What details must be included in the ACR?
   The report should include number of complaints received and disposed, cases pending over 90 days, nature of action taken, and number of awareness sessions conducted.
   
6. What is the standard deadline for filing the POSH annual report?
   Reports should ideally be filed by January end of the following year,  However, specific states or districts may revise the dates for their respective regions.  The ACR is filed as per the calendar year. 
   
7. What happens if the report is not filed on time?
   Penalties include fines up to ₹50,000 for the first violation and if repeated, then the fine may increase, with potential for cancellation of business licenses or registrations.
   
8. Do organizations with zero complaints still need to file the report (NIL report)?
   Yes, even if there were no complaints, a NIL report must be filed to demonstrate ongoing compliance.
   
9. Where can organizations find District Officer details for submission?
   District Officer contact details are often available on the respective state government websites, or you may reach out to compliance specialists such as Ungender who maintain curated databases.
   
10. How should organizations with multiple ICCs manage reporting across different locations?
    Each Internal Complaints Committee (ICC) must file a separate annual report with the District Officer of its respective district; submitting a single consolidated report for multiple districts or locations does not fulfill compliance requirements.
    
11. Can the report be submitted via courier, speed post, or email?
    Yes, courier and speed post are acceptable, with hand delivery and obtaining proof of receipt being safest to avoid disputes.
    
12. Can the ICC delegate responsibility for filing the report to HR or Legal teams?
    The employer is ultimately responsible, the POSH Annual Compliance Report (ACR) cannot and should not be delegated to any external party. 
13. Should complainant or accused details be mentioned in the report?
    No, to protect privacy and confidentiality, reports should only contain aggregated, anonymized data without personal identifiers.
    
14. Are separate filings required for branches, subsidiaries, or group companies?
    Yes, each entity or branch with distinct ICCs must file its own separate annual compliance report.
    
15. Is it mandatory for all ICC members to sign the report or is the Chairperson’s signature sufficient?
    The Chairperson’s signature is required on the report as the official authorization; other ICC members’ signatures are typically not mandatory.
    
16. Where can formats, templates, or further process guidance for POSH ACR filing be found?
    For comprehensive support, sample formats, and expert guidance tailored to your organization’s needs, contact Ungender at contact@ungender.in. The Ungender team specializes in making POSH compliance straightforward and ensures your reports are timely and accurate.