Navigating POSH Act: Should Union Employees Have Their Own Internal Committee?

Employee Classification and Internal Committees

In an organization, there are two types of employees: contract employees and company employees. Within company employees, there are union employees and non-union employees. Is it necessary to form a separate Internal Committee (IC) for union employees under the POSH Act?

Handling Complaints of Assault in the Workplace

If a male employee assaults a female employee with whom he has a mutual physical relationship, but the female later wishes to withdraw from the relationship and files a complaint, should the IC handle this case or should it be handed over to the police force? Which option is better?

Warm regards

Company will have only one ICC for all employees. Assault is an offense under IPC. It is better if the police inquire into the matter. However, if a complaint is filed in the organization by the affected lady, ICC has to inquire and report to the police matters of assault and physical violence.

ICC can probe assault cases provided such an act falls within the definition of 'Sexual Harassment at the workplace'. From the limited facts, it appears more a case of assault stemming from sexual frustration. It is not clear whether the assault occurred at the workplace. The scope of action, the procedure, as well as the punishment under the POSH Act and IPC, are different.

Dear officer,

There is one set of rules and one system, and hence only one Internal Committee (previously known as the Internal Complaint Committee). Secondly, please do not tolerate this case, whether the woman withdraws her complaint or not. A collective decision should be made based on the severity of the crime. If the crime is deemed unacceptable, consider imposing fines or reducing the male offender's designation to serve as a lesson for others. If the relationship in question was based on mutual understanding and not harassment, then there may not be a case to pursue here. However, I suggest handing over this case to an external member (NGO) to provide an impartial report. Discuss this matter with your Internal Committee team. If you are considering involving the Police, await the final investigation report from the NGO. If the allegations are found to be true, then involving the Police should be the next step. Remember that involving the Police should not be the primary solution. In cases of mutual consent, termination of both parties should be considered to serve as a deterrent for others. Notify the local or district administration and the labor department about the termination of both employees based on the findings of the NGO or their written statements regarding mutual consent.

You may contact us as we provide NGO representative services to organizations across India through the Globalised Campaign Welfare Society (http://www.gcws.in).