“Workplace” under the PoSH Act
The provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 are applicable not only to organized sector, but to
unorganized sector as well. The distinction between organized and unorganized sector is done on the basis of number of workers at the workplace. Any unit where less than ten (10) people work is categorized as unorganized sector. Any self-employment place of work, individual’s office or shop will also fall in the category of unorganized sector.
The “Workplace” covered by this law are defined in Section 2(o) of the Act. It is an inclusive definition listing 6 different categories of workplaces covering both private and
public sectors and government departments.
The first category is what can broadly be termed as Government Offices. It applies to any government department, office, institution thus covering every branch, unit or office of any government department. It includes any organization undertaking, establishment, enterprise or institution that is established, owned or controlled by government or local authority. It also includes such every branch, unit or office of any government department or of any organization when it is wholly or substantially financed by funds of by any government authority or is controlled by such authority.
The second category covered is the private sector organizations including every undertaking, enterprise, institution, establishment or organization. It also encompasses any
trust, society, non-governmental organization or any other unit where a commercial, professional, vocational, educational, industrial entertainment or health-service related
activities are carried on.
Hospitals and nursing homes are also covered under the law in the third category.
Sports institutes and games venue cover the fourth category. This category includes every sports institute, stadium or sports complex, competition or games venue or any
residential or non-residential place where sports training or related activities are carried on.
Fifth category is usually described as the “extended workplace”. It includes any place visited by the employee arising out of or during the course of employment. This includes the transportation provided by the employer.
Lastly, a dwelling place or house is also considered as Workplace in the sixth category.
In 2008, in the case of Saurabh Kumar Mallick v/s The Controller & Auditor General of India and Another, the Court has explained that workplace would not only be place where actual office work is performed. It includes any extension of place of work (like a hostel or mess) where the employer has control over management. Court provided three questions to determine if a place is workplace
i) Proximity from place of work
ii) Control of management over such place
iii) If it is residence where a working woman is residing, then is it extension of contiguous part of the workplace.
Courts in later cases have preferred wider interpretation of the definition over narrower one.
In the modern scenario, many employees work from home. In such cases the residences will also be considered as workplace when the employee is working and
interacting with other colleagues for work.
To conclude, every office or factory premise shall be considered as a workplace and so also any place visited by an employee for official purpose or during course of work. This
shall include transport provided by organization for travelling to and back from work, or any official events organized or sponsored by the organization, even when not held at the office premises. The question to be asked is whether the employee is present during course of work. If the answer is yes, it will be considered as workplace for the purposes of this law.
Adv. Sayali Ganu Dabake
Founder Partner
LexonomiX
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