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Questions
Do factories need to follow Factories act guidances (minimum 30 women employees) or new maternit
amendment act (minimum 50 employees) to set up a crche.?
For qualifying number of 30 or 50, do we need to count contract employees also?

Age criteria of child for availing crche facility?


Who may avail the facility?
Can male employees utilize the crche facility?
Can more than one child be admitted in the crche facility?
Number of children in a creche?
Working Model?
What are the Creche worker specifications?
What are the Creche helper specifications?
What is dress code for Creche workers?
What is code of conduct for Creche workers?

What are general Creche specifications?


Distance of the crche from work place?
Any operating hours for crche facility?

What are Creche timings?

What are the Records and Registers?

Can employees work in odd shifts be entitled for crche facilities?

Whether the crche facility is applicable for employees, who are under ESIC Scheme also?

Can employees utilize crche facility in any adhoc manner?


What is the Training given to functioneries?

What are preconditions for Applicability of revised norms to existing creches?

What are food facilities for Creche?

How to do Growth Monitoring in Creches?


How Health Checkup/ Medicine and First Aid Kit needs to be provided?

What should be Equipments & Play materials in Creche?

What must be the Grants provided in a Creche?

Is crche cost free to employees?


Can employee utilize the crche on his/her holiday?
Do HON needs to provide transportation for nursing breaks?
What is the duration of per nursing break?

Does Lunch break to be reckoned as one nursing break?


Responsibility of employer for any sickness of child in the Crche?
Does HON needs to enter an agreement with employee on their roles and responsibilities and is it leg
valid?
Can contract employees avail crche facilities?
If immediate employer fails to provide maternity benefits to contract employees, will HON be respons
for the same?
If no crche facility is available in the prescribed limits, do HON have other options?
How HON need to obtain employees confirmation that they are aware of the maternity benefits as pe
new amendment?
Can employee identify a Crche near her home to HON and do the company is obliged to comply with
request
Do HON needs to permit servant maid or relatives in Crche
If the Crche activities are outsourced within HON's premises, what is the nature of Company's
responsibilities

If the Crche activities are outsourced within HON's premises, should the Contract resources to be rot
regularly
Is the amount spent on Employee is subject to Tax?
What are documents the company needs to collect from the employee while admitting the child in the
Crche?
What are the penalties for default of providing maternity benefits?
Operating Guidelines
For Factories, 30 women employees will be the threshold. For S&E, 50 employees (gender neutral) wil
applicable
For Factories, Contract employees also should be counted for 30 employees. For S&E, only company
employees will be counted
Minimum 6 months and Maximum 6 Years
Working women, in rural and urban areas employed for 15 days in month to six months in year
Yes, permitted. However, no breaks are permitted
Yes, maximum 2 children are permitted
Maximum of 25, 40% below age of 3 years
6 months to 3 years-10 children, 3+ to 6 years- 15 children, 1 Creche worker & 1 Creche helper
XII, age limit-18-35 years
X, age limit-18-35 years
Presentable Cotton clothes,
Even distribution of work, maintain daily child report sheet, toilets to be maintained, sleeping on duty
allowed, day care to be mopped and swept, furniture to be arranged as not to hurt children, toys and
be washed properly,
6-8sft. Per child,
Await for the rules. Recommended distance will be between 500 meters to one Kilometer
No specifc timings, if the office is working 24 hours, Crche also should be available round the clock

Open for 26 days in a month, for 7.5 hours, from 7 am to 2:30 pm, 8 am to 3:30pm, 9 am to 4:30 pm

Admission/ Enrolment register, Attendance Register of children/ functioneries, Health check up record
register for consumables/ non-consumables, Supplementary nutrition register, Medical records of child
Mother's meeting register, Visitors register, Register for User fee,
Yes, the criteria is the shift timings. However, no child will be permitted to stay in the Crche, beyond
working hours of employees
For Factories, employees covered under ESI also can avail the facility, however, for S&E, only employe
covered under ESI can avail the Crche facility
Yes, it can be one day or full month also
Certificate of training to be provided. Training of trainers may be conducted on request from impleme
agency/ Mother NGO.
Minimum space requirement of 6-8 sft. Per child, Proper environment, Creche workers to be trained, C
run for 7.5 hours in duration, Children to be provided with identity cards, Baseline survey in the month
March every year, implementing agencies to give un undertaking regarding fulfilments of the conditio
before funds released to them
Morning snack/ Breakfast, One noon meal (hot cooked), one afternoon snack, small children with milk
Utensils along with cooking equipment to be provided
Children in age group of 6 months to 3 years to be weighed on a monthly basis, children in 3 to 6 yea
in a quarter
Once a quarter, Basic First aid and medicine kit to be provided, containing paediatric medicines for co
ailments like fever, body ache, vomiting, cough and cold, diarrhea, ear-ache, eye infection, stomach a
worm infestation etc. Band aids/ bandages, cotton wool and disinfectants for minor injuries to be prov
along with ORS packets, scissors, thermometer and antispetic ointments

Sleeping facilities, equipments and toys, durries, bed sheets, cradles/ cots, pillows, mats and mosquit
and basic furniture, Games and toys for play activities, plastic/ aluminium drums/ bins and boxes to be
provided for storing food material and pre-school material
NGOs/ Organisations to get registered with implementing agencies from whom they seek grants-in-aid
running the creche, grants to be released on quarterly basis to the implementing agencies on receipt
request and requisite documents, grants released on basis of actual number of children being provide
facilities on a monthly basis under the scheme. No grants if no. of children falls below 10, in cases wh
no. of children in a particular month is less than 25 but more than 9, costs towards Supplementary Nu
be provided on a pro-rata basis.

Yes, no cost should be charged or recovered from employees


No, the same should be utilized only when the employees report for work
If the Crche is more then one kilometer, some transport support may be arranged
Minimum 15 minutes, maximum 30 minutes, however, distance of Crche would determine this area.
Maximum nursing breaks are 4 per day
Yes, lunch break will be counted as one break
The company is responsible for the well being of the child in the Crche
The company can share the overall guidelines, however any formal agreement, relinquishing the
responsibilites of the company will be invalid
Yes, they can avail, based the locational guidelines
Yes, the company will be responsible for any lapse, both in Factories and S&E

The company has to arrange for the same. No contracting-out is allowed


Same can be obtained in electornic form, as a confirmation that the employees have read the compan
Maternity Benefit policy
The compnay policy should specify the guidelines on this area in advance. If HS&E guidelines are app
the same can be considered
The compnay policy should specify the guidelines
If the outsouricung company's employees are less then 20, CLRA act will not be appliable. However, P
and other statutues should be followed. Formal agreement should be signed with the vendor

Since it will be 'Scope of work' model, rotation may not be required

To check with tax department of the company


The company policy should specify the guidelines
Any aggrieved woman, an office-bearer of a trade union registered under the Trade Unions Act, 1926 (
1926) of which such woman is a member or a voluntary organization registered under the Societies
Registration Act, 1860 (21 of 1860) or an Inspector, may file a complaint regarding the commission of
offence under this Act in any court of competent jurisdiction and no such complaint shall be filed after
expiry of one year from the date on which the offence is alleged to have been committed.

If any employer fails to pay any amount of maternity benefit to a woman entitled under this Act or dis
or dismisses such woman during or on account of her absence from work in accordance with the prov
this Act, he shall be punishable with imprisonment which shall not be less than three months but whic
extend to one year and with fine which shall not be less than two thousand rupees but which may ext
five thousand rupees:

If any employer contravenes the provisions of this Act or the rules made thereunder, he shall, if no oth
penalty is elsewhere provided by or under this Act for such contravention, be punishable with impriso
which may extend to one year, or with fine which may extend to five thousand rupees, or with both: