1. Have you checked the Gujarat Rules? Is there a provision in that for exemption from setting up a creche?
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 Dept is very practical in their approach.
From India, Mumbai
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26382. 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 Dept is very practical in their approach.
From India, Mumbai
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Ok Thank you very much for answer I will surely check Gujarat Rules. but factory inspectors are not so cooperating and they told that it is compulsory so you have to follow it.
From India, Rajkot
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From India, Rajkot
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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.
Such rooms shall provide adequate accommodation, shall be adequately lighted and ventilated, shall be maintained in a clean and sanitary condition, and shall 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.
From India, Pune
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(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.
Such rooms shall provide adequate accommodation, shall be adequately lighted and ventilated, shall be maintained in a clean and sanitary condition, and shall 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.
From India, Pune
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Dear friends,
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:
" 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 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 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.
Kumar S.
From India, Bangalore
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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:
" 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 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 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.
Kumar S.
From India, Bangalore
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So, can any one give answer of my que ? I am totally confuse what to do next? why should i invest my money in such useless thing ? I can invest it in many other welfare activity for female employees.
From India, Rajkot
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From India, Rajkot
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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 creche 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 creche right away to address any inspection issues.
Kumar.s.
From India, Bangalore
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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 creche 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 creche right away to address any inspection issues.
Kumar.s.
From India, Bangalore
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Ok, thanks for answering. I will shortly try to convince my managing director about this. Here in a 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.
Miss Mansi.
From India, Rajkot
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Miss Mansi.
From India, Rajkot
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Of course it may be necessary despite the facts, it is the Land of Mr.Modi’s land. Thanks child , wish you all the best for your early marriage as well. May God bless. kumar.s.
From India, Bangalore
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From India, Bangalore
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Under the central rules, the following exemption is provided for creche. You need to check if Gujarat has the same exemption:
Exemption from the provision of creche.-
Rule pres- (1) In factories where the number of married women or widows cribbed underemployed does not exceed 15 or where the factory works for less section 50 read than 180 days in a calendar year, or where the number of children with section 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.
From India, Mumbai
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Exemption from the provision of creche.-
Rule pres- (1) In factories where the number of married women or widows cribbed underemployed does not exceed 15 or where the factory works for less section 50 read than 180 days in a calendar year, or where the number of children with section 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.
From India, Mumbai
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