Workplace under the POSH Act: Meaning and Extended Scope

Sexual harassment is prohibited at any workplace, so the meaning of workplace fixes the reach of the POSH Act. The Vishaka guidelines thought mainly of the office. The Act goes much further: its inclusive definition covers public and private organisations of every kind, hospitals, sports venues, any place visited in the course of employment including the journey there, and even a private house where a domestic worker is employed. This note explains each limb and how courts have read the definition.

1. The Definition: Section 2(o)

Figure 1: Six limbs of workplace

• Inclusive. 'Workplace' includes the six categories listed; it is not confined to them.
• Public sector, (i). Any department, organisation, undertaking, establishment, enterprise, institution, office, branch or unit established, owned, controlled or wholly or substantially financed by the appropriate Government, a local authority, a Government company, a corporation or a co-operative society.
• Private sector, (ii). Any private organisation, venture, undertaking, enterprise, institution, establishment, society, trust, non-governmental organisation, unit or service provider carrying on commercial, professional, vocational, educational, entertainment, industrial, health or financial activities, including production, supply, sale, distribution or service.
• Hospitals and sports, (iii), (iv). Hospitals and nursing homes; sports institutes, stadiums, sports complexes and competition or games venues, residential or not, used for training, sports or related activities.

2. Extended Workplace

• Places visited, (v). Any place visited by the employee arising out of or during the course of employment, including transportation provided by the employer for the journey. Client sites, hotels on official travel, conferences and off-site events are covered.
• Dwelling place, (vi). A dwelling place or house, which brings domestic workers within the Act. Complaints by domestic workers go to the Local Committee (Topic 7)
• Unorganised sector. Workplaces in the unorganised sector, defined as enterprises with fewer than ten workers, are covered through the Local Committee.
• Work from home and online. A home used for work and virtual meetings arising out of employment fall within the extended meaning, since the Act focuses on the connection with employment rather than the physical premises.

3. Judicial Interpretation

Figure 2: Reading 'workplace' broadly

• Saurabh Kumar Mallick v CAG (2008). Even before the Act, the Delhi High Court held that 'workplace' cannot be narrowly confined to the commonly understood meaning of an office, in view of the object of the Vishaka guidelines.
• Connection with employment. The test is whether the place and occasion arise out of or during the course of employment. Purely private encounters unconnected with work fall outside the Act, though criminal law may still apply.

4. Frequently Asked Questions

Is harassment during official travel covered by the POSH Act?

Yes. Section 2(o)(v) includes any place visited by the employee arising out of or during the course of employment, including transportation provided by the employer for the journey. A hotel or client site visited on official work is a workplace.

Is a private home a workplace under the POSH Act?

Yes, under s.2(o)(vi), which includes a dwelling place or house. This covers domestic workers, whose complaints are dealt with by the Local Committee, and also homes used for work.

Is a private sector company with fewer than ten employees covered by the Act?

Yes. It is a workplace under s.2(o)(ii), and sexual harassment there is prohibited. It is not required to constitute an Internal Committee, so complaints from such workplaces are dealt with by the Local Committee under s.6.

5. Related Topics

• Topic 4: Sexual Harassment: Meaning and Circumstances. What is prohibited.
• Topic 25: Special Workplaces and Contested Applications. Political parties, films and sports.