Question

A manager of a company sexually harasses his subordinate lady staff during an out of town official trip. Whether the lady can get remedy under The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013?

• A. No. Because the harassment took place outside the office premises, which is not a work place
• B. No. because, harassment during travel is not covered under the Act
• C. Yes. Because harassment occurred during the course of employment
• D. None of the above

Answer 1

Answer:

C. Yes. Because harassment occurred during the course of employment

Scope of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013

• Definition of 'Workplace': Under Section 2(o) of the Act, the definition of a 'workplace' is extremely broad and is not restricted to the physical office premises. It explicitly includes any place visited by the employee arising out of or during the course of employment, including transportation provided by the employer and places where the employee is present for official duties or work-related trips.
• Applicability during Official Trips: Since an out-of-town official trip is directly related to employment duties, any hotel, transport, or venue attended as part of that trip is legally considered an extension of the workplace. Therefore, incidents occurring during such trips fall under the jurisdiction of the Act.
• Employer Liability: The Act mandates that the employer is responsible for providing a safe working environment. This duty extends to ensuring the safety of employees regardless of whether they are at the head office, branch office, or on official travel.
• Key Provisions for Redressal:
  • Internal Complaints Committee (ICC): Every employer is required to constitute an ICC at each office or branch if it has 10 or more employees.
  • Complaint Mechanism: A woman employee can file a complaint with the ICC of her organization. The complaint must be made in writing within three months from the date of the incident.
  • Confidentiality: The Act mandates strict confidentiality regarding the identity of the aggrieved woman, respondent, and witnesses, as well as the contents of the complaint and inquiry proceedings.
• Legal Precedents: Judicial interpretation of the 2013 Act has consistently upheld that the protection afforded to women is not confined to the four walls of the office. Any instance where the relationship of employer-employee or professional interaction is the basis for the presence of the individuals allows for the invocation of this legislation.