Soical Compliance Auditing
Insolvency N Gst Professional
Management Consultancy

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My respects,
Greetings all,
please guide me for the following ;
1. In an Organisation, there are two types of employees namely contract employees and company employees. In company employees again there are union employees and non-union employees. Is it necessary to form separate IC to union employees under POSH act.?
2. If a male employee does assault to female employee as they have mutual physical relationship, but in due course female wants to withdraw from the relationship, and if the complaint arises from the aggrieved person , can the IC handle this case or handing over to police force, which is better?
Warm Regards

From India, Villupuram
Company will have only one ICC for all employees.
Assault is an offence under IPC, it is better if police enquire into the matter.
However if complaint if filed in the organisation by the affected lady,ICC has to enquire and report to police matters of assault and physical violence.

From India, Pune
ICC can probe assault case provided such an act falls within the definition of 'Sexual Harassment at work place' From the limited facts it appears more a case of assault on sexual frustration. It is not clear whether the assault was at workplace. The scope of action, the procedure as well as punishment under the POSH Act and IPC are different.
From India, Mumbai
Dear officer,
One rules and one system and hence only one Internal committee(previously known as Internal complaint committee),secondly please do not tolerate this case either women widrawal of her complaint or not,Collectively taken desicion based on the crime,if crime is acceptable by putting fine,reduce the male designation etc to learn a lesson for others then proceed and if relationship generated based on mutual understanding then no harassment case here,but i would suggest you please handover this case to external member(NGO) and let them giving the fair report and discuss with your IC team ,if you want to forward this case to Police then wait for NGO final investigation report.If alligation found truth then go for Police.(Police is not the solution)if there is mutual sex then terminate both to learnt a lesson for others.Inform to local or district administration ,and also inform to labour department about termination of both employees based on findings of NGO/their hand written statement about mutual sex.
You may call us because we are providing NGO representative services to across Indian Organisation,Globalised Compaign Welfare Society

From India, Delhi
Yes, any unwelcome physical, verbal or non-verbal conduct of sexual comes under the sexual harassment at the workplace. You should go and chat with your HR or any senior person regarding if anyone in your company is misbehaving.
From India, Bengaluru
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