UPDATE : India : Rules on Providing Crèche Facilities

Overview:  Draft Rules regarding the obligation on certain employers to provide crèche facilities have been published for consultation by the Karnataka government (Bengaluru).

Law change:  The obligation to provide crèche facilities came into force in 2017 but the detailed Rules for Karnataka were only recently published for public consultation. The draft Rules state:

  • All businesses with more than 50 employees must set up a crèche for the children of their employees who are under 6 years old.
  • The maximum number of children per crèche will be 30 and each crèche should be located within 500 metres of the employment premises but not so close as to be affected by noise, dust or noxious fumes.
  • There are detailed requirements as to the materials, quality, layout and contents of the building to be used for the crèche.
  • The employer will be required to equip the crèche appropriately.
  • A suitably qualified woman shall be in charge of the crèche, supported by a trained midwife.  In addition, Ayahs will be appointed, the number dependent upon the age of the children in the crèche.
  • The children must have regular medical check-ups and health monitoring.
  • The hours of the crèche shall correspond to the working hours of the mothers, who will be allowed to visit the crèche 4 times each day to feed their child.
  • The employer should provide a safe outdoor play area.

Action required:  At present, affected employers should follow closely the progress of the draft Rules. They are quite onerous and potentially costly. You may wish to take part in the consultation. Note that the draft Rules apply only to Karnataka. However, they may give an early indication of rules to be implemented in other States in due course.