Is a Crèche Facility Required for Companies with Over 30 Women but No Children?

Can anyone please help me to solve my query? I have a question: Is it compulsory to maintain a crèche facility in a company where more than 30 women are working, but all are unmarried and without children?

In my view, it is necessary because the relevant provision under the Factories Act nowhere states that a creche shall be provided if only 30 married women are employed.

Regards,
B. Saikumar
Mumbai

Creche Facility Requirement in Factories

The Act doesn't address whether employees are married or not; it simply requires the factory to provide such a facility. The attached judgment of the Gujarat High Court somewhat dealt with the issue of non-provision of a creche in the factory (there were children of employees involved in this case). Therefore, there has been a violation, and the factory is liable for penalization.

Regards,
kumar.s.

It does not matter whether they are having a baby or not; the rule is the rule. Therefore, in my opinion, you must maintain a creche for the same. If you do not want to maintain a creche, you should reduce the strength of female workers, which can be up to 29, which is not applicable.

Thanks,

Regards,
Sunil Rawal
Panipat

There are four conditions that need to be fulfilled to make it compulsory to have a crèche. These are in the rules, not the act.

Crèche Requirements in Maharashtra

In Maharashtra, there must be four employees who have children. Furthermore, the children must be below six years of age.

Please check the factory rules under the Gujarat state and verify if similar conditions are applicable.

Creche Facility Requirement

Though legally a creche is mandatory, the purpose of a creche as given in sub-section (1) can be functionally interpreted in such a way that one creche is mandatory if 30 or more women are working and if any of them have at least one child below the age of six, whether the woman is married or not.

Regards,
[Phone Number Removed For Privacy Reasons]

Legal Requirement for Creche Facilities

This is a legally binding requirement. A creche must be provided where 30 or more women are employed. It doesn't matter if they are unmarried and have no children.

Procedure for Filing a Claim Against the Factories Act

What should be the procedure if I want to claim against this section of the Factories Act? In Rajkot city, where should I go to file a claim against Section 48 of the Factories Act 1948? Can anyone please help me?

Regards

No, I don't want to claim against the factory, but I want to claim against the law because we have more than 30 female workers in our organization, but they are all unmarried. So, why should I start a crèche facility, which is a totally useless thing for our company? I can spend that money by providing some other welfare activities rather than investing it in a crèche house.

Checking Gujarat Rules for Creche Exemption

1. Have you checked the Gujarat Rules? Is there a provision in them for exemption from setting up a creche?

Consultation with Authorities

2. Have you taken up the matter with the factory inspector or the deputy commissioner of labour about this? They can also give you a waiver. I am told the Gujarat Labour Department is very practical in their approach.

Thank you very much for your response. I will definitely check the Gujarat Rules. However, the factory inspectors are not very cooperative, and they insist that compliance is mandatory, so you must adhere to it.

Creches in Factories

(1) In every factory where more than thirty women workers are ordinarily employed, there shall be provided and maintained a suitable room or rooms for the use of children under the age of six years of such women. These rooms shall provide adequate accommodation, be adequately lighted and ventilated, be maintained in a clean and sanitary condition, and be under the charge of women trained in the care of children and infants.

(3) The State Government may make rules:

(a) Prescribing the location and the standards in respect of construction, accommodation, furniture, and other equipment of rooms to be provided under this section.

(b) Requiring the provision in factories to which this section applies of additional facilities for the care of children belonging to women workers, including suitable provision of facilities for washing and changing their clothing.

(c) Requiring the provision in any factory of free milk or refreshment or both for such children.

(d) Requiring that facilities shall be given in any factory for the mothers of such children to feed them at the necessary intervals.

I don't know whether I'm right or wrong. I'm very curious to discuss the following two observations of Mr. Mansinh and "Sa-fety," combining together the excerpts of their posts as follows:

Observations on Creche Facility Requirement

"Mansinb Click on follow to get recommendations from Mansinb follow member

Member Since: Dec 2012

India Rajkot

Subject - Re: Query about section 48 of the Factories Act 1948

No, I don't want to claim against the factory, but I want to claim against the law because we have more than 30 female workers in our organization, but they are all unmarried. So why should I start a creche facility, which is a totally useless thing for our company? I can spend that money by providing some other welfare activity rather than investing it in a creche house."

"48. Creches.-(1) In every factory wherein more than 'thirty women workers' are ordinarily employed, there shall be provided and maintained a suitable room or rooms for the use of children under the age of six years of such women."

Mansinh says they are "all unmarried women" and the Act says "children of such women," then does it mean the employer should ensure children who are supposed to use the creches should be children of such women only?

Please don't read in between lines, I think Mansinh raised a valid point.

Regards,
Kumar S.

Hello Dear Mansinh, Oh, come on, buddy. It appears that you only plan for a short period, say for a week, a month, or at most a year. How dare you think that your female employees will never get married and not have children the next year or thereafter. Look beyond just one year, boss. A crèche cannot go to waste, at least not in India. Moreover, India is not China; there are no limits in terms of quantity and quality, no age limits for bearing children (though there are age limits for getting married, am I correct, my friend?). So, be prepared to provide a crèche right away to address any inspection issues.

Regards, Kumar.s.

Ok, thanks for answering. I will shortly try to convince my managing director about this. Here in the village where our company is working, no girl will work after her marriage. Even then, I will give my suggestion to our management and discuss this.

Regards, Miss Mansi.

Exemption from the Provision of Creche

Under the central rules, the following exemption is provided for creche facilities. You need to check if Gujarat has the same exemption:

Exemption from the provision of creche:
Rule prescribes that (1) in factories where the number of married women or widows employed does not exceed 15, or where the factory operates for less than 180 days in a calendar year, or where the number of children kept in the creche was less than 5 in the preceding year, the Chief Inspector may exempt such factories from the provisions of section 48 and the rules 92 to 95 made thereunder if he is satisfied that alternate arrangements as stipulated under sub-rule (2) are provided by the factory.

It is compulsory because it has nothing to do with their present marital status. Any female may get married anytime and have a baby.