Extended Workplace’ under POSH Law

Extended Workplace’ under POSH Law
Posh Act 2013

One of the most obnoxious issues we now confront is sexual harassment.

More than 9 years have passed since our legislature created the POSH Act in an effort to enhance it and close any gaps in the Vishaka Guidelines. Our courts had emphasised the significance of expanding the definition of "workplace" even before the POSH Act of 2013 was passed. For instance, the Calcutta High Court stated that "a logical interpretation should be given to the phrase 'workplace' so that the objective for which those rules have been created, is not made unworkable" in Ayesha Khatun v. The State of West Bengal & Others (MANU/WB/0071/2012).


‘Workplace’ – How is it defined under Section 2(o) of POSH Law?

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) has given a wide definition to the term ‘workplace’ under Section 2(o) of the Act and included the concept of ‘extended workplace’ in its definition. Under the POSH Act, workplace includes:

  • any department, organisation, undertaking, establishment, enterprise, institution, office, branch or unit which is established, owned, controlled or wholly or substantially financed by funds provided directly or indirectly by the appropriate Government or the local authority or a Government company or a corporation or a co-operative society;
  • any private sector organisation or a private venture, undertaking, enterprise, institution, establishment, society, trust, non-governmental organisation, unit or service provider carrying on commercial, professional, vocational, educational, entertainmental, industrial, health services or financial activities including production, supply, sale, distribution or service;
  • hospitals or nursing homes;
  • any sports institute, stadium, sports complex or competition or games venue, whether residential or not used for training, sports or other activities relating thereto;
  • any place visited by the employee arising out of or during the course of employment including transportation by the employer for undertaking such journey;
  • a dwelling place or a house

The term "workplace" also refers to the unorganised sector, which is any business with fewer than ten employees that is owned by an individual or a group of self-employed people and that produces or sells goods or offers services of any type. It is clear from the definition of "workplace" above that the idea of a "extended workplace" is also included, which means that it encompasses any location an employee visits as part of their job and any transportation they are given by their company to go there. Since the outset, this has been the topic of judicial interpretations, and courts have applied the doctrine of "notional extension" when interpreting the laws controlling employee compensation.

The most prevalent types of workplace augmentations

The complete and comprehensive list of potential workplace extensions is not something that exists. That list will continue to grow as company procedures, technological advancements, and ever-evolving personal circumstances arise. The most prevalent instances of workplaces today can be seen in a few less visible settings. The POSH Act's Chapter I, Section 2(o), Subsection defines them (v).

  1. Team-buildings and incentives
  2. Seminars, conferences and business trips
  3. Taxi services
  4. Cyberspace
  5. Work from home as extended workplace

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