Understanding the 1961 Maternity Law: What Does "More Than 50 Employed Women" Mean for Childcare Facilities?

Respected All,

I have a question about the childcare facility from the 1961 Maternity Law. What does "more than 50 employed women" mean? Can someone explain to us what a nativity scene is, with or without a married woman?

Hi,

Provision of Creche under the Act

An important provision, Section 11A, introduced by the Maternity Act, is that any establishment with 50 or more employees shall have the facility of a creche. This provision has sparked a lot of debates and discussions among employers on whether the provision is to be interpreted as applicable to establishments with 50 or more female employees or to establishments with 50 or more employees.

It is pertinent to note that since this section specifically mentions the term 'employees', the obligation to have a creche applies to all establishments with 50 or more employees, inclusive of males and females. The term 'employees' has been used to make the provision gender-neutral because although a woman is biologically endowed to give birth, the responsibility to take care of a child lies with both the father and the mother. Therefore, even if an establishment consists of only males, such an establishment should have a creche facility to enable fathers to bring their children to the creche.

Furthermore, Section 11A of the Maternity Act safeguards the intent of Section 48 of the Factories Act, 1948, which requires factories with more than 30 female workers to have a creche. Therefore, even if a factory has less than 50 employees but has at least 30 females, such a factory will be under the obligation to have a creche under the Factories Act, 1948. If Section 11A of the Maternity Act had been framed to be applicable to establishments with 50 or more female employees, then Section 48 of the Factories Act, 1948, would have lost its effect as factories having more than 30 women workers but fewer than 50 would have avoided the compliance of having a creche.

Source

https://www.mondaq.com/india/employe...dment-act-2017

Thank you, Sir.

Section 11A of the Maternity Act

Section 11A, introduced by the Maternity Act, states that any establishment with 50 or more employees must provide a creche facility. From what I understand, this regulation applies to establishments with 50 or more employees, regardless of gender in the industry.

Once again, thank you, Sir.

Hi, please read my reply again.

It is pertinent to note that since this section specifically mentions the term 'employees', the obligation to have a creche applies to all establishments with 50 or more employees, inclusive of males and females. The term 'employees' has been used to make the provision gender-neutral because, though a woman is biologically endowed to give birth, the responsibility to take care of a child lies with both the father and the mother. Therefore, even if an establishment consists of only males, such an establishment should have a creche facility to enable fathers to bring their children to the creche.