The Sexual Harassment of Women at Workplace Act of 2013 is a landmark legislation that defines sexual harassment, mandates employers with 10 or more than 10 employees to an establish Internal Committee (IC), and outlines the procedures for filing and providing redressal to sexual harassment complaints.

Complementing this act are provisions in the Information Technology Act of 2000 and the Indian Penal Code that criminalize offenses like publishing obscene material online, voyeurism, stalking, and insulting a woman’s modesty through words or gestures.

Definition and Scope of the “Workplace” Concerning Online Interactions and Platforms

The Act has a broad and inclusive definition of “workplace” according to Section 2(o) that extends beyond the traditional office setting. It includes any place visited by the employee arising out of or during the course of employment including transportation provided by the employer for undertaking such journey.

Importantly, with respect to online interactions and platforms, the Act covers “any unwelcome physical, verbal or non-verbal conduct of sexual nature” which would include sexual harassment occurring through electronic means and or digital platforms like social media, emails, messaging apps etc. As long as the sexual harassment incident has a nexus to the workplace or employment relationship, it can fall under the purview of this law.

So, any unwanted sexual advances, requests, remarks or display of pornographic content on online/virtual platforms related to work will be included in the definition of workplace under the POSH Act.

Policies to be implemented and to be kept in mind by employers:
1. Most organizations in India are required to have an anti-sexual harassment policy as per the 2013 Act. This should cover rules around workplace conduct, social media usage, and reporting mechanisms.
2. The Department of Telecommunications has issued advisory guidelines for social media usage by government employees, restricting obscene/defamatory posts.
3. The Securities and Exchange Board of India (SEBI) has mandated listed companies to have a social media policy covering confidentiality and fair disclosure rules.
4. Industry bodies like NASSCOM have recommended social media policies for IT companies restricting harassment, discrimination, and defamation online.

The Rise of Remote Work
The rise of remote work and the increased reliance on online communication tools like Slack or Microsoft Teams have significantly impacted the definition of the extended workplace in the context of Prevention of Sexual Harassment (POSH). Here are some key considerations:
● With remote work becoming more prevalent, the lines between professional and personal spaces have blurred even further.
● Online communication platforms have become the primary means of workplace interactions, effectively extending the boundaries of the traditional office environment. This shift has necessitated a re-evaluation of what constitutes the “extended workplace” under POSH regulations.

For HR departments, regulating online interactions within remote work platforms presents unique challenges. Additionally, HR teams must navigate the fine line between ensuring a safe and respectful work environment and respecting employees’ privacy and personal boundaries, even in remote settings. Striking the right balance and establishing clear guidelines for appropriate online conduct can be a delicate task.

To bridge this gap, POSH training programs and awareness sessions play a vital role. Employees and stakeholders need to be made aware of the blurring lines between professional and personal spheres on such networks, underscoring the need to maintain professionalism at all times through interactive scenarios, case studies to help employees grasp the practical application of these policies

Conclusion
As we navigate the complexities of the modern workplace, which has increasingly blurred the lines between physical and virtual spaces, it is crucial for organizations to adapt their POSH policies and practices to encompass the realm of social media.
Disclaimer:
The information provided on this blog post is for general informational purposes only and is not intended to be legal advice. While we strive to provide accurate and up-to-date information, the law is constantly evolving. This blog post does not constitute a lawyer-client relationship and should not be used as a substitute for seeking professional legal advice. For specific POSH-related questions and concerns, please consult with a qualified lawyer or POSH expert.

Note:
If you’re seeking further insights into POSH (Prevention of Sexual Harassment) and its compliances, we invite you to connect with us at SHLC. Our expertise in sexual harassment law compliance and POSH regulations can provide you with valuable guidance and support in ensuring a safe and respectful workplace environment.

To learn more, please visit our website at https://shlc.in/ or reach out to us directly via email at contact@shlc.in