7 Critical Mistakes in POSH Annual Return Filing (And How to Fix Them)
- Reetika Gupta
- Jan 27
- 3 min read
Is your organisation ready for the POSH Annual Return deadline?
For many employers in India, January marks the beginning of the "compliance rush." While filing the Annual Report under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) might seem like a routine administrative task, it is actually a high-stakes statutory obligation.
A single error—whether it’s sending the report to the wrong officer or misreporting data—can render your entire filing invalid, attracting penalties of up to INR 50,000/- and significant reputational risk.
To help you navigate this season seamlessly, we have compiled the most common mistakes organisations make and how to avoid them.
1. The "Head Office" Trap: Aggregating Multiple Locations
A widespread misconception is that a company only needs to file one consolidated report for its Head Office. This is legally incorrect.
The Mistake: Filing a single report to the District Officer of your HQ, ignoring your branch offices in other cities.
The Fix: The POSH Act mandates that every administrative unit with 10 or more employees must have its own Internal Committee (IC). Consequently, each IC must file a separate Annual Report to the specific District Officer of that location. If you have offices in Mumbai, Gurugram, and Bangalore, you have three separate filings to make.
Deep Dive: For a detailed breakdown of the "Every Location" rule, read our guide: One Company, Multiple ICs? Decoding the POSH Act's 'Every Location' Rule.
2. Confusing SHe-Box with the Annual Report
The government’s online SHe-Box portal is a fantastic tool for transparency, but it does not replace your local statutory obligations.
The Mistake: Believing that updating the SHe-Box portal exempts you from submitting a physical/email report to the District Officer.
The Fix: You must ensure dual compliance. The Act explicitly requires submission to the District Officer (DO). SHe-Box is an additional repository, not a substitute. Failing to file with the DO is a violation of Section 21 of the Act.
3. Missing District-Specific Deadlines
While the general rule of thumb for filing is January 31st, local authorities often have their own timelines.
The Mistake: Assuming the January 31st deadline applies universally without checking local notifications.
The Fix: Verify the notification for your specific district. For example, Gurugram authorities often set distinct timelines or issue specific checklists that differ from Delhi or Mumbai.
Check Your District: January 31st or February 28th? Decoding State-Specific POSH Annual Report Deadlines.
Gurugram Update: See the latest mandate here: New Gurugram Notification Dated 23rd December 2025.
4. The "Nil Return" Misconception
"We had zero cases this year, so we don't need to file anything." Wrong.
The Mistake: Skipping the filing process because there were no sexual harassment complaints.
The Fix: You must file a "Nil Return." This serves as a legal declaration that your IC was functional and ready to receive complaints, even if none were filed. It is proof of your preparedness, not just your caseload.
5. Inconsistency with the Board Report (MCA)
Regulators are increasingly cross-referencing data.
The Mistake: Reporting "0 cases" to the District Officer but listing "1 case resolved" in the Director's Report filed with the Ministry of Corporate Affairs (MCA).
The Fix: Ensure your data is consistent across all platforms. Your Internal Committee's data must align perfectly with your Board Report disclosures to avoid triggering a scrutiny notice.
6. Ignoring the "Awareness Programs" Metric
Section 19 of the POSH Act places a heavy burden on the employer to sensitise employees.
The Mistake: Reporting "0" or leaving the "Number of Awareness Programs" column blank.
The Fix: A blank entry here is an admission of non-compliance. You must conduct and document regular awareness sessions for employees and capacity-building workshops for IC members throughout the year.
7. Breaching Confidentiality
The Mistake: Including the names of the complainant, respondent, or witnesses in the Annual Report.
The Fix: The Annual Report is a statistical summary only. Under Section 16, the identity of the parties involved must be strictly protected. Never include names in the report submitted to the District Officer.
Need Help with Your Filings?
Filing the POSH Annual Return requires precision and legal expertise. Don't leave your compliance to chance.
Contact POSH Expert Solutions Today for end-to-end support in drafting, reviewing, and submitting your Annual Reports across India.
Comments