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Checklist of Compliance-Related Actions Under POSH Act-1595431858
Checklist of Compliance-Related Actions Under POSH Act-1595431858
HARASSMENT AT WORKPLACE
Checklist of Compliance-Related Actions
Under POSH Act
Prevention of Sexual harassment at workplace
Checklist of Compliance-Related Actions Under POSH Act
List of Actions
No. Activity Timeline
1. Create an Anti-Sexual Harassment policy. Immediate
Constitute an Internal Complaints Committee (ICC) for
2. Immediate
each branch or office which has 10 or more workers.
Annual report must be sent by ICC to employer and
Annually (for each
3. district officer containing prescribed details of sexual
calendar year).
harassment proceedings.
Annually, timeline
is the same as that
Annual report of the business must include for the annual
information about pending and resolved sexual report of the
4.
harassment cases. company – i.e. 30
days from the date
of the AGM
Confirm that sexual harassment is specified as a form
of misconduct under the employment contract or
5. Immediate
applicable service rules.
Display notices at prominent places in the
organization’s premises which inform employees
6. about the organization’s consequences of engaging in Immediate
conduct which amounts to sexual harassment, and
information about the members of the ICC.
Sensitization and capacity building
Conduct periodic workshops and seminars to
7. Periodic
sensitise employees about their rights.
Conduct an orientation programme for the members
of the ICC, capacity and skill-building workshops for
the members of the ICC, provide necessary facilities
8. Periodic
to the ICC for dealing with sexual harassment
proceedings.
Other obligations
As needed
Where necessary, assist the harassed employee to
9. (it is important to
make a criminal complaint in the police station.
have the necessary
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Prevention of Sexual harassment at workplace
Checklist of Compliance-Related Actions Under POSH Act
systems in place
for this purpose)
Monitor functioning and performance of the ICC
10. (For example, check whether complaints are being On a periodic basis
decided within prescribed time limits, whether necessary
procedures are being followed, etc.)
Implement gender-neutral versions and protect male
11. Optional
employees from sexual harassment (optional)
Considerations for substantive compliance
We have provided additional pointers below so for ensuring that your compliance actions
are sufficiently detailed.
❏ 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)?
Creation of ICCs
❏ Have you created an Internal Complaints Committee (ICC) for each branch or office
as per the Anti-Sexual Harassment Act, 2013?
❏ Do you have the required number of members in your ICCs as per the conditions
laid down in the Anti-Sexual Harassment Act, 2013?
❏ Have you conducted an orientation programme for the members of the ICC?
❏ Do you conduct capacity and skill building workshops for the members of the ICC?
Specifically, are ICC members trained on the following:
❏ How to take cognizance of a complaint
❏ Inquiry and decision-making process and powers
❏ Finalization of settlement agreements
❏ Natural justice requirements
❏ Maintenance of confidentiality
❏ Disciplinary remedies they can award
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Prevention of Sexual harassment at workplace
Checklist of Compliance-Related Actions Under POSH Act
❏ Do you provide necessary facilities to the ICC for dealing with sexual harassment
proceedings?
Notices
❏ Have you displayed sufficient notices informing employees about your
organization’s stance on sexual harassment and the consequences of indulging in
such acts?
(*these could be on notice boards, outside the entry, at the reception, in the canteen, on
the local intranet of your company, or similar locations that can be appropriately
identified by the employer)
❏ Are there any pictorial illustrations in the notices? (while this is not mandatory, it
may be helpful)
❏ Have you provided sufficient information about the members of the ICC in
prominent places in the organization, so that employees and staff can reach them?
(*these could be on notice boards, outside the entry, at the reception, in the canteen, on
the local intranet of your company, or similar locations that can be appropriately
identified by the employer)
❏ Have you made efforts to make employees aware about their rights under the Act?
❏ Is there any system or process of providing assistance to an employee who has been
sexually harassed, in approaching complaints committees and in dealing with
psychological and other effects of sexual harassment?
❏ Does the organization provide assistance to the harassed employee to make a
criminal complaint in the police station? Have employees been made aware of this?
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shall attract suitable action under applicable law.
Prevention of Sexual harassment at workplace
Checklist of Compliance-Related Actions Under POSH Act
❏ Do you monitor the functioning and performance of the ICC at a broad level? For
example, do you know whether complaints are being decided within prescribed time
limits, whether necessary procedures are being followed, etc.?
Reports
❏ Does the ICC forward an annual report containing the necessary details of sexual
harassment proceedings?
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shall attract suitable action under applicable law.