Step-3 : Posters & Displays


What to Do Why to Do
Employer must display the following at conspicuous places in its premises:
  1. POSH Posters (for Sample Poster please refer download section)(Section 19)
  2. Contact details of ICC members with names(Rule 13)
  3. POSH Policy (for Sample Policy please refer download section) along with order constituting ICC (Section 19)
  4. Abstract of the Act ( administrative guidelines from Labour office)

The same has been provided in Section 19 & Rule 13 of the Act & Rules respectively

Non Compliance with any of these provisions may lead to issue of judicial summons along with fine of Rs. 50,000/-

Step-4 : Publish Annual Training Calendar (For Direct Employees & Contractors)

 
What to Do Why to Do
Following steps must be taken by every employer to spread awareness on offence and repercussions of sexual harassment:
  1. Employer must organize regular trainings to sensitize employees about the provisions of the Act along with the Employer policy.
  2. Employer must publish the annual training calendar.
  3. Regular Orientation Programs for ICC members to apprise them with the existing law along with any changes and relevant Court judgments. Legal experts or Social Workers from NGOs working in this field can be brought in for such orientation.
  4. For Contractual employees, vendor agency may be advised to conduct regular training and submit the written report to the Employer.
  5. Reports on all Orientation and training programmes for both employees and ICC members must be maintained at Employer premises.

Section 19 of the Act provides for organizing regular workshops & orientation programmes for both employees and ICC members at regular intervals.

Definition of employee under Sec 2(f) includes regular, temporary, ad hoc or daily wage basis, either directly or through an agent, including a contractor and includes a co-worker, a contract worker, probationer, trainee, apprentice or called by any other such name;

Further these programmes must be effective and not just a routine orientation or a farce in the name of compliance.

Also since contractual employees are also defined as employees under the Act therefore their compliance is also the responsibility of the Principle employer . Hence their Orientation programmes must be conducted and report in this regard must be maintained

Step-5 : Quarterly MOM & Annual Report

 
What to Do Why to Do
Quarterly MOM:

ICC should meet at least once in a quarter and the minutes of such meeting (MOM) must be recorded and kept at Employer premises.

Holding Quarterly meetings would be in line with the 2013 Companies Act, which provides that any important Committee of the company should have at least four meetings in a year, with a maximum time gap of one hundred and twenty days between two meetings.

Minimum 3 members including the Presiding officer must be present at each meeting.

Again in line with the Companies Act 2013 guidelines, all members must be physically present in all such meetings and if not possible then at least once every year all members must be physically present for the ICC meeting.

Annual Report:

ICC must forward an annual report to the employer at the end of each year containing the prescribed details (For Model Annual Report Format please refer download section

Employer shall file the same Annual Report to the District Officer if notified or to the local Labour office within 15th January of the following year.

Followings details must be available in each Annual Report filed under the Act:

  • number of complaints of sexual harassment received in the year
  • number of complaints disposed off during the year
  • number of cases pending for more than ninety days
  • number of workshops or awareness programme against sexual harassment carried out
  • nature of action taken by the employer or District Officer

ICC must meet at least once in each quarter so as to keep a tab ob companies Compliance under the 2013 Act.

Analogy in this regard can also be drawn from Section 173 of the Companies Act herein it has been provided that Board meetings & by implication other important committees must have at least one meeting in each quarter.

Holding Quarterly ICC meetings also comes under the best practices wherein regular ICC meetings provides regular checks & balance on companies Compliance status under the Act and keep a regular tab on ongoing enquiries if any.

Quorum for ICC has been provided in Rule 7(7) of the Rules.

Section 21 read with Section 22 & Rule 14 Provides for preparation of Annual report by ICC and forwarding the same to the concerned authority by the Employer.