Virtual workplaces have gained widespread acceptance in India. The shift occurred during the pandemic but has persisted to become the new normal. Top companies such as TCS plan to allow 75% of its employees to work virtually by 2025.
However, virtual workplaces come with their own challenges to safety and inclusivity. How can managers and IC members address this using existing laws?
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 deliberately encompasses a wide variety of workplaces in its scope, also known as the concept of ‘extended workplace’. Among the several spaces defined as “workplace” by the Act, three are pertinent in the case of virtual workplaces:
(ii) 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, entertainment, industrial, health services or financial activities
(v) any place visited by the employee arising out of or during the course of employment including transportation by the employer for undertaking such journey;
(vi) a dwelling place or a house;
Let’s look at three scenarios.
- Vaishnavi and Titus are neighbours and colleagues, so they take a shared cab to their office. One morning, Vaishnavi joins an important meeting over a microsoft teams call during her commute. Titus quickly takes a photo of her and puts it on their office whatsapp group. Several colleagues respond with inappropriate remarks about her decision to join a team video-call in a cab.
- Manju logs into a webinar organised annually by her company on IT compliance. The webinar is yet to start when two colleagues, Aryan and Rashid also log in. While making small talk, Aryan and Rashid ask Manju on a double-date, citing it as a ritual for new female employees who join the company. Before Manju can respond, the facilitator and other employees log in and the training begins.
- Shabnam and Lalit have just started working from their homes on a multinational project. After a long, difficult call with one of their overseas clients, Lalit texts Shabnam that he is sending her something to help her de-stress. Lalit then sends her a graphic GIF of a man taking his clothes off on her personal number.
Which of these scenarios are covered under the definition of “workplace” as outlined in the law?
The answer is all three. Here’s why:
- The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 states that sexual harassment at the workplace is a violation of the right to life, to live with dignity and to practise any profession.
- By this, it concludes that every person has the “right to a safe environment free from sexual harassment.”
- By using the word “environment”, the law makes it clear that not only does the act protect every space used for the purpose of carrying out work for the employer, it also includes spaces shared by employees which constitute the office environment.
- This is a simple yet effective way for ICs to understand the scope of their jurisdiction.