FAQ

F.A.Q

Extended Workplace

Extending the Scope of Workplace- An Overview of the 'Extended Workplace' Concept under POSH Law- FAQs

The concept of the ‘extended workplace’ refers to the expansion of the definition of the workplace beyond the physical premises of an organization. Under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (POSH Act), the term ‘workplace’ includes not only the office or the physical location where work is conducted but also extends to other spaces, events, or circumstances where an employee may be subjected to sexual harassment arising out of or during the course of employment.

The ‘extended workplace’ concept encompasses various situations. Here are a few examples:

  1. Work-related travel: Instances of sexual harassment during official travel, including flights, trains, taxis, or hotels, fall within the purview of the extended workplace.
  2. Off-site work events: Sexual harassment incidents at conferences, seminars, workshops, team outings, or any other work-related events, even if held outside the office premises, are covered.
  3. Virtual or digital workspaces: With the rise of remote work and digital communication platforms, instances of sexual harassment in virtual work environments, such as online meetings, emails, chat groups, or video conferences, are considered part of the extended workplace.
  4. Transportation to/from work: Sexual harassment experienced during the commute to and from work, such as on public transportation or company-provided transportation, is also included.

The inclusion of the extended workplace concept is crucial as it recognizes that employees can face sexual harassment in various work-related settings beyond the traditional office space. By acknowledging this broader scope, the POSH Act ensures that employers are responsible for maintaining a safe and harassment-free environment for their employees, irrespective of the location or circumstance.

 Employers have a legal obligation to prevent and address sexual harassment incidents in both the physical workplace and the extended workplace. They are required to establish an Internal Complaints Committee (ICC) to handle complaints, conduct awareness and training programs, implement preventive measures, and ensure prompt and impartial investigations into reported incidents. Employers should also disseminate information about the extended workplace concept to employees, making them aware of their rights and the reporting mechanisms available.

Yes, individuals who experience sexual harassment in the extended workplace have the right to file a complaint. The POSH Act provides a mechanism for employees to report incidents of sexual harassment, regardless of the location or circumstances in which it occurs. Employers are obligated to investigate such complaints and take appropriate action as per the provisions of the law.