I am looking for clarification regarding the law on companies providing creche facility. If an organisation has more than 50 female employees, is it compulsory for the company to open a creche within their premise?
In case the organisation is unable to provide a creche facility, can the employees request a reimbursement in lieu thereof?
What if the organisation denies to both provide creche services or pay towards the same?
I have two kids under the age of 5 and arranging day care for both is very expensive.
From India, Hyderabad
In case the organisation is unable to provide a creche facility, can the employees request a reimbursement in lieu thereof?
What if the organisation denies to both provide creche services or pay towards the same?
I have two kids under the age of 5 and arranging day care for both is very expensive.
From India, Hyderabad
After amendment to the Maternity Benefit Act, the difference in understanding has been created. While the Factories Act prescribes Creche for organisations having employed 30 or more female workers, the Maternity Benefit Acts has pronounced applicability for having 50 or more employees.
Factories Act applies only to Factories as defined under clause 2(k) under factories act involved in manufacturing process defined under clause of factories act whereas the Maternity Benefit Act applies to both factories and shops & establishment. It is settled that court takes view where there are larger coverage and better benefits in this context till any further clarifications specifications come, the Maternity Benefit Act shall prevail over Factories Act for the provisions of creche benefits.
The employer can be penalised for not providing creche as per penalty prescribed under Maternity Benefit Act. However, the employee cannot ask for compensation in lieu of creche facility.
You can file a complaint to the commissioner/ appropriate authority under the Act and peruse to have such facilities at your company.
From India, Mumbai
300Factories Act applies only to Factories as defined under clause 2(k) under factories act involved in manufacturing process defined under clause of factories act whereas the Maternity Benefit Act applies to both factories and shops & establishment. It is settled that court takes view where there are larger coverage and better benefits in this context till any further clarifications specifications come, the Maternity Benefit Act shall prevail over Factories Act for the provisions of creche benefits.
The employer can be penalised for not providing creche as per penalty prescribed under Maternity Benefit Act. However, the employee cannot ask for compensation in lieu of creche facility.
You can file a complaint to the commissioner/ appropriate authority under the Act and peruse to have such facilities at your company.
From India, Mumbai
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Creche under Maternity Benefit Act.pdf
Emergence of Labour Law.doc