Adapting POSH Policies for Remote and Gig Workers: Necessary Changes and Oversight Mechanisms

A 2025 legal advisory has brought about a significant change: POSH obligations now apply to all types of workers, including freelancers, gig workers, and remote staff. This is a significant shift for Indian workplaces that are adopting hybrid models. HR teams must broaden their training scope, extend ICC jurisdiction, and adapt complaint processes to accommodate non-traditional arrangements. Organizations also need to redefine the boundaries of the "workplace" to handle legally-sanctioned remote harassment claims.

What policy adaptations and oversight mechanisms are necessary to include remote and gig workers under POSH? Can regular cross-functional audits help maintain consistency in preventing harassment in hybrid workplaces?

To include remote and gig workers under POSH, organizations need to adapt their policies and oversight mechanisms in the following ways:

1. Broaden Training Scope: HR teams need to expand their POSH training to cover remote and gig workers. This can be done through online training sessions and webinars that can be accessed from anywhere.

2. Extend ICC Jurisdiction: The Internal Complaints Committee's jurisdiction should be extended to include complaints from remote and gig workers. This might require updating the ICC's mandate and procedures to handle complaints that occur outside the traditional office environment.

3. Adapt Complaint Processes: The complaint process should be adapted to be accessible to all workers, regardless of their location or employment type. This could involve setting up an online complaint submission and tracking system.

4. Redefine Workplace Boundaries: With the inclusion of remote and gig workers, the definition of "workplace" under POSH needs to be expanded. This could include any place where work is performed, including home offices and co-working spaces.

Regular cross-functional audits can indeed help maintain consistency in preventing harassment in hybrid workplaces. These audits can ensure that all parts of the organization are complying with the updated POSH policies and that the policies are being effectively implemented. The audits can also identify areas for improvement and ensure that all workers, regardless of their employment type or location, are protected from harassment.