\u00a0<\/p>\n
While the Vishaka Guidelines were confined to the traditional office set-up, recognizing the fact that sexual harassment may not necessarily be limited to the primary place of employment, the POSH Act has introduced the concept of an \u2018extended workplace\u2019<\/p>\n
In accordance with Section 2(o) of the Act, a \u2018workplace\u2019 refers to:<\/p>\n
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.
\nA workplace covers both the organized and unorganized sectors.
\nIncludes all workplaces whether owned by Indian or foreign companies having a place of work in India.
\nWider interpretation covering Office provided accommodation, office meetups, off sites, canteen, parking area
\nThe COVID-19 pandemic brought us the new normal of working from home and introduced workplaces. The magnitude of the virtual platform has increased over the past two years due to the COVID-19 pandemic.<\/p>\n
While virtual workplaces are not exclusively mentioned in the Act, reliance must be placed on a broad interpretation of the definition and judicial precedents.<\/p>\n
In Saurabh Kumar Mallick v. Comptroller & Auditor General of India, the Delhi High Court observed that the workplace, as defined in the Vishakha Guidelines, cannot be interpreted in literal terms. With the scope of internet and technology rapidly increasing, it is significant to interpret the term workplace widely to prevent sexual harassment in unusual workplaces.
\nIn Sanjeev Mishra v. Disciplinary Authority and General Manager, Bank Of Baroda & Ors., the Rajasthan High Court held that in a workplace setting on a digital platform, two employees cannot be said to be working from separate workplaces even if they are in separate geographical locations.<\/p>\n
\u00a0<\/p>\n","protected":false},"excerpt":{"rendered":"
\u00a0 While the Vishaka Guidelines were confined to the traditional office set-up, recognizing the fact that sexual harassment may not necessarily be limited to the primary place of employment, the POSH Act has introduced the concept of an \u2018extended workplace\u2019 In accordance with Section 2(o) of the Act, a \u2018workplace\u2019 refers to: Any place visited […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[16],"tags":[],"class_list":["post-629","post","type-post","status-publish","format-standard","hentry","category-sexual-harassments-of-women-at-workplace-prevention-prohibition-and-redressal-act-2013"],"_links":{"self":[{"href":"https:\/\/aracs.in\/newaracs\/wp-json\/wp\/v2\/posts\/629","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/aracs.in\/newaracs\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/aracs.in\/newaracs\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/aracs.in\/newaracs\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/aracs.in\/newaracs\/wp-json\/wp\/v2\/comments?post=629"}],"version-history":[{"count":1,"href":"https:\/\/aracs.in\/newaracs\/wp-json\/wp\/v2\/posts\/629\/revisions"}],"predecessor-version":[{"id":630,"href":"https:\/\/aracs.in\/newaracs\/wp-json\/wp\/v2\/posts\/629\/revisions\/630"}],"wp:attachment":[{"href":"https:\/\/aracs.in\/newaracs\/wp-json\/wp\/v2\/media?parent=629"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/aracs.in\/newaracs\/wp-json\/wp\/v2\/categories?post=629"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/aracs.in\/newaracs\/wp-json\/wp\/v2\/tags?post=629"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}