Navigating PoSH in IT/ITES: Night Shifts, Remote Teams & Client Sites

The PoSH Act defines a 'workplace' broadly. For IT/ITES companies, this definition extends beyond the traditional office premises. It encompasses any place visited by the employee during the course of employment, including client sites, temporary work locations, and even the employee's residence when working remotely, especially if it's a condition of employment or if the employer has control over it. This expansive definition is critical when considering the unique work arrangements prevalent in the sector.

Night shifts are common in IT/ITES to cater to global clients. Section 10 of the PoSH Act mandates that the employer must take all necessary measures to ensure that women employees are not subjected to sexual harassment during night shifts. This includes:

• Ensuring adequate security personnel and lighting at the workplace.
• Providing safe transportation options for employees commuting during night hours.
• Implementing robust complaint redressal mechanisms that are accessible even outside regular office hours.
• Regularly sensitizing employees and the Internal Committee (IC) about the specific risks associated with night shifts and the available support systems.

The IC must be equipped to handle complaints arising from incidents that occur during these shifts, irrespective of the time of day.

The proliferation of remote work models in IT/ITES necessitates a re-evaluation of how PoSH principles are applied. While an employee's home is generally considered their private space, it can become a 'workplace' under the PoSH Act if the employer directs or permits the employee to work from home as part of their employment. This means:

• Employers must ensure that their remote work policies clearly outline expectations regarding professional conduct and prohibit any form of sexual harassment, even in virtual interactions.
• Communication channels used for work (e.g., company email, chat platforms) are considered extensions of the workplace, and any inappropriate behavior on these platforms can fall under the purview of the PoSH Act.
• The IC must be trained to investigate complaints that may involve digital evidence and remote witnesses.
• Regular awareness programs should be conducted for remote employees, emphasizing reporting mechanisms and the employer's commitment to a harassment-free environment.

When employees work at client sites, the employer retains the primary responsibility for ensuring their safety and adherence to PoSH. This involves:

• Conducting due diligence on client organizations to understand their safety protocols and PoSH compliance, especially if employees are expected to work extended hours or overnight at client locations.
• Clearly defining the employer's responsibilities versus the client's responsibilities in the service level agreements (SLAs) or contracts, particularly concerning employee safety and grievance redressal.
• Ensuring that employees working at client sites are aware of their rights and the reporting channels available to them, even if the incident occurs on the client's premises.
• The IC should be empowered to investigate incidents that occur at client sites, and the employer must cooperate with the client to facilitate such investigations, if necessary.
• Regular communication with employees working at client sites to gauge their well-being and address any concerns proactively.