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Can anyone please help me to solve my query? I have a question: Is it compulsory to maintain a creche facility in a company where more than 30 women are working, but all are unmarried and without children?
From India, Rajkot
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In my view, it is necessary because the relevant provision under factories Act no where said that a creche shall be provided if only 30 married woman are employed. B.Saikumar Mumbai
From India, Mumbai
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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.

kumar.s.

From India, Bangalore
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File Type: doc Creche under Factories Act-Gujarat High Court judgment.doc (92.0 KB, 1603 views)

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Dear,

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,

Sunil Rawal
Panipat

From India, Faridabad
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There are 4 conditions which need to be fulfilled for making it compulsory to have crèche. These are in the rules, not the act. In Maharashtra, there must be 4 of them who have children. Further the children must be of age below 6 years
Please check factories rules under Gujarat state and verify if similar condition are applicalble

From India, Mumbai
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Though legally a creche is mandatory, the purpose of a creche as given in sub sec(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.

Varghese Mathew
9961266966

From India, Thiruvananthapuram
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This is a legal binding.Creche has to be provided where 30 or more women are employed.It does n’t matter if they are unmarried and have no children.
From India, Bokaro
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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?
From India, Rajkot
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What do you mean you want to claim against this factory ? Are you expecting to get compensation from the company for them not having a creche ? Only the factory inspector can take action, not you.
From India, Mumbai
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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 activities rather than investing it in a creche house.
From India, Rajkot
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