Workplace Sexual Harassment: How Protected Are Women Gig Workers?
10XTD | Witnessing the rise of an ever-evolving gig economy, the Government of India, through its ‘Social Security Code 2020’, has for the first time legally recognised gig workers and their right to protection and social security.
We spoke to Deepali Chauhan, Partner, KV Associates,to understand how the Indian legal system currently protects women gig workers from sexual harassment at workplaces.
The new Code, which aims to extend social security to employees and workers across sectors, includes protection of employees from sexual harassment at workplaces. It states that persons convicted and dismissed from service for sexual harassment will be disqualified from receiving bonus.
The Key Statute: POSH Act
The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, is the key statute that governs sexual harassment against women in workplaces. This is also referred to as the POSH Act.
The POSH Act includes both physical as well as verbal and non-physical acts under the purview of sexual harassment. Therefore, any act of harassment, even virtual, will tantamount to an act of sexual harassment and will be covered within the scope of the POSH Act.
