What is the ambit of workplace as defined under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013?

CS Professional · Labour Laws & Practice · PYQS · June 2019
What is the ambit of workplace as defined under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013?

Answer & Explanation:

According to section 2(o) of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, "workplace" includes— a. 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; b. 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 including production, supply, sale, distribution or service; c. hospitals or nursing homes; d. any sports institute, stadium, sports complex or competition or games venue, whether residential or not used for training, sports or other activities relating thereto; e. 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; f. a dwelling place or a house; Under Section 2(o), Workplace has been defined as private sector organisation / private venture / undertaking / enterprise / institution / establishment / society / trust / non-governmental organisation / unit or service provider and places visited by employee (arising out of or during the course of employment, including transportation provided by employer for undertaking journey). Hence, if harassment takes place even during transportation or during a lunch meeting at a restaurant, the same will be covered under the Act. In the case of Saurabh Kumar Mallick v. Comptroller & Auditor General of India , the High Court observed that the following factors would have bearing on determining whether the act has occurred in the 'workplace': Proximity from the place of work; Control of the management over such a place/residence where the working woman is residing; and Such a residence has to be an extension or contiguous part of the working place.

Topics: Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013

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