Beyond Office: What is Extended Workplace Under the PoSH Act?

Is sexual harassment at the workplace restricted just to office premises? With the modern work landscape evolving to include virtual meetings, offsite events, business travel, and employer-provided transport, the answer is a big NO. The PoSH Act now recognises these as ‘extended workplaces,’ ensuring employee safety doesn’t stop at the office door.

Curious about what exactly constitutes an extended workplace, what responsibilities employers hold, and how to cultivate a safer work environment for everyone? This blog answers all these key questions.

According to Section 2(o) of the PoSH Act, the workplace includes:

(i) any department, organisation, undertaking, establishment, enterprise, institution, office, branch, or unit which is established, owned, controlled, or wholly or substantially financed by funds provided directly or indirectly by the appropriate Government or the local authority or a Government company a corporation, or a co-operative society;

(ii) any private sector organisation or a private venture, undertaking, enterprise, institution, establishment, society, trust, nongovernmental organisation, unit, or service provider carrying on commercial, professional, vocational, educational, entertainment, industrial, health services or financial activities including production, supply, sale, distribution, or service;

(iii) hospitals or nursing homes;

(iv) any sports institute, stadium, sports complex or competition or games venue, whether residential or not used for training, sports or other activities relating thereto;

(v) any place visited by the employee arising out of or during the course of employment, including transportation provided by the employer for undertaking such a journey;

(vi) a dwelling place or a house.

The concept of a workplace has expanded beyond the traditional office setting, and the law has evolved to reflect this. Professional interactions now occur in various locations, including virtual spaces, client sites, off-site meetings, and during work-related travel. Consequently, sexual harassment that occurs digitally is considered as serious as in-person sexual harassment. Employers are responsible for ensuring safety at company events and during work travel, including employer-provided transportation. This expanded definition of sexual harassment in the workplace ensures that employees are protected from sexual harassment in all work-related settings, reinforcing comprehensive safety standards.

1. Work-related Travel

Sexual harassment during business travel constitutes workplace misconduct, as employees are still considered to be in a professional setting. This includes sexual misconduct that occurs in hotels, airports, and during travel. Employers have to make clear reporting procedures for such situations and make available access to support mechanisms during business-related travel.

This principle was central to the Gaurav Jain vs. Hindustan Latex Family Planning Promotion Trust case. The petitioner challenged employer actions stemming from sexual harassment allegations during a work trip. The High Court’s review of the Internal Complaints Committee’s report centred on incidents occurring offsite, ultimately scrutinising the scope of ‘workplace’ under the PoSH Act and the validity of the ICC’s conclusions.

2. Offsite Company Events and Meetings

Corporate events that take place outside of the traditional office setting still fall under the purview of the workplace. This includes instances such as conferences, training sessions, networking events, and company retreats. These events, while often beneficial for team building and professional development, can also create an environment where unprofessional behavior may arise.

The relaxed atmosphere and social interactions common in these settings can unfortunately lead to a heightened risk of sexual harassment. Employees may feel emboldened to behave inappropriately due to the perception that they are not under the same level of scrutiny as they would be in the office.

Companies must take proactive steps to ensure that all employees are aware that the same standards of conduct apply at external events. This includes providing clear guidelines for behaviour, implementing a robust reporting mechanism for complaints, and taking swift and appropriate action in response to any allegations of sexual misconduct. Businesses must set explicit behaviour expectations, have reporting procedures in place, and extend the sexual harassment policy, applying to offsite facilities too.

3. Virtual Workspaces

With work-from-home growing in popularity, online interactions have become a core aspect of work communication. Sending unwanted messages over emails, video conferencing, and in-office chat systems, such as indecent remarks, unwanted personal messages, or frequent advances, counts as workplace sexual misconduct. Employers should make it clear in their sexual harassment policy that virtual workplaces are covered so that employees do not hesitate to complain about any instance of online sexual harassment. Periodic training on ethical online behaviour and surveillance of communication channels in the workplace can help address these challenges. 

In a recent case, The Rajasthan High Court ruled against Sanjeev Mishra, affirming that online messages can constitute workplace sexual harassment, regardless of geographical separation. The decision highlights the necessity for clear policies covering virtual environments and maintaining professional conduct.

4. Third-party Premises

Many employees work at client offices or shared workspaces, where they can be susceptible to sexual harassment by outside parties. As these areas are within an employee’s workplace, companies need to extend PoSH protections and define their role in addressing complaints that occur in third-party workplaces. Employers need to create agreements with clients and suppliers to have consistent sexual harassment policies and reporting procedures.

Guha vs. Sikkim University involved a professor who was terminated after a sexual harassment allegation at a wedding reception. The Sikkim High Court debated the ‘workplace’ definition under PoSH Act. The court ultimately ruled the Executive Authority must independently determine if the Internal Complaints Committee has jurisdiction, emphasising comprehensive sexual harassment policies. 

5. Employer-provided Transport

Transport service companies are required to keep employees safe during commuting. Sexual harassment in office cabs or company-provided vehicles is a workplace incident, and employers are required to implement preventive measures, including GPS tracking, background checks on drivers, and a zero-tolerance policy for misbehaviour. Employees must have a direct reporting system for incidents that happen in transport provided by the company.

A pertinent case that reflects the significance of transport safety under labour laws is an Ola driver sexual harassment case, where a female passenger was subjected to sexual misconduct by the driver. The case questioned the responsibility of employers in situations where third-party transport services are used. Although ride-hailing services are not direct employers, the case stressed the responsibility of companies to provide safety for the employees who use employer-provided transport.

It is important to note that an exhaustive list of workplaces cannot be made. However, the Sikkim High Court has affirmed that the ambit and scope of “workplace” as defined in Section 2(o) of the PoSH Act can be determined based on the evidence presented to the Internal Complaints Committee (ICC)/Internal Committee (IC).

In order to comply with the PoSH guidelines on extended workplace, employers have to:

• Explicitly define the sexual harassment policy to cover offsite and virtual workplaces.
• Conduct regular PoSH training for employees and ICC members to make them aware of sexual harassment outside office premises.
• Establish safe reporting procedures for complaints based on extended workplace under the PoSH Act.
• Ensure the Internal Complaints Committee (ICC)/Internal Committee (IC) has well-defined rules for addressing complaints for work travel, remote workspaces, and offsite activities.

D] Best Practices for Employers to Address Extended Workplace Sexual Harassment

The following actions need to be taken by employers in order to address sexual harassment beyond the office boundaries:

• Clearly Define Policies: The policy against workplace sexual harassment must specifically include offsite workplaces, virtual environments, and employer-supplied transport. 
• Encourage Reporting and Ensure Confidentiality: Employees need to feel comfortable reporting sexual harassment without fear of repercussions or biases.
• Train Managers and Employees:  Provide regular training to educate teams on managing sexual harassment outside office locations (extended workplaces).

Conclusion

Workplace safety should be more than just in the office; it should cover all professional settings where employees interact. Organisations must ensure a sexual harassment-free environment, whether in virtual meetings, corporate retreats, client sites, or company-arranged transport. A well-defined sexual harassment policy, combined with proactive measures, helps businesses stay compliant with the PoSH Act and have a culture of safety and respect.

To strengthen your organisation’s adherence to PoSH guidelines on the extended workplace, reach out to us. We provide PoSH training and compliance services to assist businesses in implementing strong policies and establishing a safer work culture. Contact us today to make your workplace safe and PoSH-compliant!