Creche Facility Requirement: Is It Necessary Without Women Workers in the Factory?

Is it mandatory to make provision for a creche even when there are no women workers in the factory?

As I read in the Factories Act, provisions should be made even if women workers are not present.

Please guide on this.

As per the provisions under Section 48 of the Factories Act, 1948, any factory employing 30 or more women workers is required to provide creche facilities for the use of children under the age of 6 years for the women employees.

For more information, please refer to the Factories Act.

Jayashri

Dear, there is no need to maintain a creche, as there were fewer than 30 women employed as per the Factories Act.

Regards,
Ramalingam

Hi there,

There is no need to provide a creche if there are no female employees. The Factories Act of 1948 also reveals the same.

Applicability:
If any organization has 30 or more female employees, the employer has to provide the creche as per the rule and schedule.

Thank you.
Regards,
Krishna Saladi
+91 98481 04265

Dear Friends,

I know that if more than 30 women are working, then a creche is needed. But if the children are more than 5 years old, do we still need a creche? Or please let me know how we can obtain permission to not have a creche?

Thanks, Uttam

Hi,

As most of our friends mentioned, there is no need to have a creche when there are no female employees, or even less than 30. But when you have 30 or more female employees, and in case all the children of the employees are more than the required age, then obtain an individual declaration from each employee and submit the copy of the same to the Factories department with a covering letter so that they may grant you an exemption.

However, I opine that once the number of female employees exceeds 30, then it is better to have a creche regardless of the age because you may need to recruit more female employees who may have children below the required age.

Thanks and regards,
Kameswarao

Hello, As per Section 48 of the Factories Act, a creche facility is to be provided if:

1. 30 or more women workers are employed (check the definition of workers in the Act to understand more).
2. Such workers have children below the age of 6 years.

If both criteria are satisfied individually and in combination, then you have to provide a creche facility.

Regards

Hi All Seniors, further to the above comments, is there any criteria to check whether the female employees are married or single? In other words, does the company need to have 30 married women or 30 in total? I appreciate your feedback.

Thanks and regards,
Bhav Narayana
AM-HR

Further to the above comments, is there any criteria to check whether the female employees are married or single? In other words, does the company need to have 30 married women or 30 in total? I appreciate your feedback.

Contractor employees will also come under the 30?

Regards,
Bhav Narayana
AM-HR

Attribution: https://www.citehr.com/75509-creche-...#ixzz2lvYgKmNB

Creche Size Requirement Under the Factory Act of 1948

Can anybody tell me what is the mandatory size for creches as per the Factory Act of 1948?

Regards,
Sagar Pawar

There are detailed provisions for exemptions provided in the Factory Rules of each state. So, it depends on which state you are in. Maharashtra has 4 conditions for exemption, while Karnataka has only 2 conditions. In the rest of the states, the factory inspector can grant exemption if there is an alternate arrangement (e.g., a shared creche) whose cost is covered by the occupier (factory/employer).

Dear HR colleagues,

We are a society, a separate legal entity, and we deliver the CSR work of a manufacturing company (factory) where there is a creche. We have more than 30 women employees.

Do we have to provide a creche as a society since we are not covered under the Factory Act? If yes, does the contractor/principal employer have to provide a creche of its own, or can they outsource to a private party? If outsourced, is there any distance as per the law the creche must be situated?

Thank you.

Creches should be provided where more than 30 women workers are employed, and at least 15 are married or widows, and there are more than 4 children as per the Factories Act - Section 48, RL 92.

There are specific rules outlined in RL 87/88/89 regarding the construction of creches and the provision of food for the children.

Regards,
Sandeep

Hi,

Do the staff in the creche facility come under CLRA, even if they are employees of the creche service provider?

If the crèche is inside the factory premises, then the women working in the crèche will come under the contract labour rules. If the crèche is located outside the factory, then the definition will automatically exclude such employees of the service provider from the definition of contract worker as far as the factory is concerned

Dear Seniors,

Kindly provide me with the updated ACT on Company Creche. We want to construct a creche for our company's female employees. I would like to know the Act implemented in Tamil Nadu for Creche facility provision. Just want to have a basic idea on creche construction and operating method. Please provide me with the details.

Kind regards, Renu

Dear All,

With reference to the recent amendment in the Maternity Benefit Act of 1961, specifically the insertion of Section 11A, stating that "any establishment with 50 or more employees should maintain a creche facility," it is now a requirement applicable to all establishments, not just those covered by the factories act.

Thank you.

How and who gives approval for the location of a crèche in a glass manufacturing unit? How far should it be from the production unit, and should it be near the canteen?