Co-working spaces are shared workspaces that can be utilized by individuals or companies who require additional office space for a limited period. These spaces are popular among freelancers, startups, smaller teams, and entrepreneurs due to their cost-effectiveness and community atmosphere. However, since co-working spaces do not conform to the traditional office model, there may be unclear protocols for addressing incidents of sexual harassment.

In India, instances of workplace sexual harassment are governed by the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013. This Act provides ample provisions for the aggrieved to have their complaints investigated in traditional office spaces. However, in the case of co-working spaces, it is uncertain who the aggrieved individual should report the complaint to, and how it will be handled.

Accountability for Preventing Sexual Harassment in Co-working Spaces: Who Bears the Responsibility?

Consider this scenario: Urvashi is employed by a startup that does not yet have a physical office, and has chosen to work out of a co-working space in the meantime. While in the co-working space's cafeteria, Urvashi experienced a hand grazing her rear. Assuming it was an accidental touch, she initially ignored it, but was alarmed when it happened again and the hand squeezed her. Upon turning around, she saw that it was Rishabh, a fellow co-worker who shares the space with her. Urvashi had previously felt uncomfortable with Rishabh's behavior, but this incident was particularly distressing.

Urvashi emerged from the cafeteria visibly upset. She approached the coworking space manager, also known as the community or people manager, and reported that Rishabh had subjected her to inappropriate touching. What is the duty of the Community Manager here?

It is important to note that there is no employer-employee relationship between the co-working space operator and the organization leasing it  or between the co-working space and the individuals using it. As such, the co-working space cannot directly initiate a full-fledged investigation of a complaint as both parties are private entities. However, the co-working space's Internal Committee (IC) should act as a facilitator in assisting the victim in taking her complaint forward.

How the Situation Will Unfold

The Community Manager will advise Urvashi to file a complaint with Rishabh's employer and/or their IC. In the scenario where Rishabh is a freelancer without an employer, the Community Manager will assist Urvashi in filing a complaint with the IC of the co-working space. The IC of the co-working space will then provide guidance to Urvashi in filing a complaint with the Police and/or the Local Committee (LC), as deemed appropriate.

Note: The IC of the co-working space can issue a warning to the accused only if the allegations are proven.

Proactive Measures to Prevent Sexual Harassment in Co-working Spaces: Taking Responsibility for a Safe Environment

Some preventive measures that can be considered by Companies providing Co-working spaces are - 

Co-working spaces should establish comprehensive policies on sexual harassment and ensure they are included in the user or member contract.

Co-working spaces can offer voluntary anti-sexual harassment compliance training to their employees and clients to educate them on what constitutes sexual harassment and how to recognise and report incidents.

Along with periodic training, informational handouts detailing important provisions from the PoSH Act and the space's policies can help transfer some responsibility to the employees as well as the clients using the co-working space.

As mentioned earlier, the IC may need to provide proper direction to the complainant on taking her complaint forward. The process of handling such sensitive matters should be approached with care and empathy. Therefore, specialized training sessions for IC members should be conducted, going beyond the regular voluntary anti-sexual harassment compliance training, to provide the necessary education and tools to handle such issues effectively and sensitively.

Co-working spaces can implement a policy that defines the organization's stance on instances of sexual harassment and outlines what is expected from members in terms of the Code of Conduct.

Get Results with Rainmaker's Assistance: How We Can Help You Achieve Your Goals

At Rainmaker, we are committed to creating safe environments for all organizations. We have transformed compliance training to make it more engaging and interactive, to enhance employees' understanding and retention of knowledge and help them prevent incidents of sexual harassment in the workplace. Request a training program from us and build a culture of respect and dignity for your employees.

Author: Sagnik Mukherjee, Legal Associate, Rainmaker Directions and Contributions: Akanksha Arora, AVP-Legal, Rainmaker

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