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 ‘extended workplace’

In accordance with Section 2(o) of the Act, a ‘workplace’ refers to:

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.
A workplace covers both the organized and unorganized sectors.
Includes all workplaces whether owned by Indian or foreign companies having a place of work in India.
Wider interpretation covering Office provided accommodation, office meetups, off sites, canteen, parking area
The 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.

While virtual workplaces are not exclusively mentioned in the Act, reliance must be placed on a broad interpretation of the definition and judicial precedents.

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.
In 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.

ARACS ensures organizations comply with the POSH Act by developing comprehensive sexual harassment policies, conducting training and awareness workshops, and forming and training Internal Complaints Committees (ICC). These services include establishing clear complaint handling procedures, providing support for victims, and conducting compliance audits. We ensure proper documentation and reporting as per legal requirements, fostering a safe, respectful, and legally compliant workplace environment.

Akansha Rathi and Associates (ARACS) provides POSH Advisory services. Mrs. Akansha Rathi, Founder of ARACS is also a certified POSH trainer and has conducted more than 100+ online/offline POSH sessions.