By way of a letter dated December 20, 2023 (‘Letter’), the Additional Deputy Commissioner of Gurugram, has issued a comprehensive Sexual Harassment of Women at Workplace (Prevention, Prohibition, & Redressal) Act, 2013 (‘POSH Act’) compliance checklist, for all companies, non-governmental organizations, hospitals, labs, banks, and schools. The Letter also directs the aforementioned organizations in Gurugram to submit annual reports relating to their compliance under the POSH Act for the year January 1, 2023, till December 31, 2023, in the prescribed format to the relevant District Officer.

The questions included in the checklist pertain to inter alia, the following:

i.    Whether the employer has prepared and implemented an internal POSH policy;

ii.   Whether sexual harassment is specified as a form of misconduct under the employment documentation executed with / applicable to employees;

iii.  Whether the employer has constituted an Internal Committee (‘IC’) as required under the POSH Act;

iv.   Whether the employer has (i) displayed sufficient notices at conspicuous places; and (ii) has organized workshops or awareness programs, informing employees about the organization’s stance on sexual harassment and the consequences of the same;

v.    Whether there is a system or process to provide assistance to an employee who has been sexually harassed to approach the IC, and to deal with psychological and other effects of sexual harassment; and

vi.   Whether the annual reports submitted by the IC of the establishment contain the requisite details.

The Letter also reiterates certain clauses of the POSH Act, stating that where the offices or administrative units of the workplace are located at different places or divisional or sub-divisional levels, an IC will be constituted at all offices or administrative units.

Please note that the Letter does not specify any timeline within which the checklist itself must be completed or submitted to any particular authority.