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Pragadeesh (Lawyer/Factory certification consultant/Cyber crime Analyst)     07 October 2008

is creche necessary?

Friends,

Now iam consulting for a company where 70 female workers are employed.But all of them are unmarried.Is creche necessary? (I know that if more than 30 female workers are working then creche is necessary) but i need any ruling favouring me? (i.e not to have creche)

pls attach the ruling also.

cheers!



 7 Replies

Saravana Rajan   08 October 2008

Hi Pragadeesh,


Me too had to face a similar situation. To resolve this simply, its better to have an identified place for creche irrespective of if there are any married women employee or not. Such creche may have minimum legal requirements.


As far as I know, its better to have a creche.


-Saravana Rajan.

Vikas Kr. Sinha (Labour Lawyer Ranchi Jharkhand)     09 October 2008

Mr. Pragadeesh
I think there no necessity of providig creche in your case.
Section 48 of The Factories Act, 1948 read with rule 73, transpires that it is for the use of the chaildren under the age of six years of such women and the creche should be conveniently accessible to the mother of the such children.
Since in your case neither any children are there not the mother, hence CRECHE NOT REQUIRED.
The intention of legislature in an enactment must be Honoured and interprated in the true spirit/sence.
Thanks.

Pragadeesh (Lawyer/Factory certification consultant/Cyber crime Analyst)     09 October 2008

Dear Mr.Vikas,


thanks for ur reply.Any case laws supporting this?


pls send as attachment


regards


pragadeesh

TS Bhatia (HR Executive)     14 October 2008

to avoid any legal complications it is better to have creche.

A.R.KUPPUSAMI (ADVOCATE)     23 October 2008

Its correct,but when there is no married lady worker and there is no child less than 6 years you can intimate the position and apply for exemption from the appropriate office ( the Deputy Chief Inspector of Factories)

Saravana Rajan   24 October 2008

Hi


There is the other side in this case. If an organisation is employing more of female employees, then how come all of them are not married or without kids. This leads to a doubt if the organisation is discriminating between married and unmarried / with kids / without kids. Hence it is always better to have a creche with legal minimum requirements. I do not think it will not attract huge cost to administer a creche without kids in it at all.


-Saravana Rajan

A.R.KUPPUSAMI (ADVOCATE)     11 November 2009

You are having 70 employee and you know the Act that when  30 and above female workers are there we have to comply. Now you can go for exemption i.e.  apply for exemption When there is no married/maiden worker and there is no children within the age limit of 5 years submit your exemption application concocted with individuals' declaration that no body has child less than 5 years. You will get the exemption for certain period.


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