Is a sexual harassment complaint valid if it occurred during a training program outside the workplace, with a colleague?

Yes, the sexual harassment complaint would be valid if the incident occurred during a training program outside the workplace, provided the following conditions are met:
1. Training Program Sponsored by the Company: If the training program was organized or sponsored by the company and it was part of the employee’s job responsibilities, it falls under the "course of employment." This means that even though the incident happened outside the physical office, the location qualifies as a workplace under Section 2(o)(iv) of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

2. Both Aggrieved Woman and Respondent Nominated by the Company: If both the aggrieved woman and the respondent (the alleged harasser) were nominated or sent to the training by the company, it strengthens the argument that the venue of the training is an extension of the workplace. The provision in Section 2(o)(iv) specifically includes places visited "arising out of or during the course of employment" as part of the workplace.
 
Section 2(o)(iv) Definition of Workplace:
The law broadens the definition of a workplace to include any location related to employment, such as offsite trainings, field visits, or travel arranged by the company. Therefore, the training venue in this case is considered a workplace.
 
Section 2(n) Definition of Sexual Harassment:
If the conduct of the respondent falls within the definition of sexual harassment under   Section 2(n), such as physical advances, sexually coloured remarks, or any unwelcome verbal, non-verbal, or physical behaviour of a sexual nature, the complaint is valid. The behaviour, whether directly or implied, must meet the criteria outlined in Section 2(n) to be classified as sexual harassment.
Since both conditions, the training being sponsored by the company and both parties being nominated are met, the venue qualifies as a workplace. Therefore, the sexual harassment complaint would indeed be valid under the POSH Act, 2013.

Disclaimer: This document is for educational purposes only and does not constitute legal advice.

Shekhar Ganagaluru
MSW, LLB, Dip. T&D
HR & IR Specialist | Published Author | Storyteller | Mentor |
Trainer | Community Outreach Coordinator |
​Workplace Safety & Motivation Strategist

Posh Complaint_During outside Training
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