Rule 37: Employees and crèche facility

Finin2min analysis — operative rule mechanics

Full notified text — Rule 37

37. Employees and crèche facility.–(1) In every establishment where fifty or more employees are
ordinarily employed, there shall be provided and maintained a crèche for the use of children under the
age of six years of such employees.

(2) The crèche shall provide adequate accommodation with lighting, ventilation and shall be
maintained in a clean and sanitary condition and the criteria for setting up of a crèche shall be as
under, namely:–

(i) a crèche shall be located within one kilometre of the establishment to which Chapter VI of the
Code applies and shall be conveniently accessible to the employees whose children are
accommodated therein:

              Provided that the location of one kilometre radius shall be relaxed by the competent
authority in case of the establishments located within the industrial parks or industrial area, notified by
the Central Government or the State Government or any Local Authority of the Central Government
or the State Government, as the case may be, where a common crèche facility is provided within such
industrial parks or industrial area and easily accessible to the employees;

        (ii) crèche shall be maintained in safe and rain proof building;

        (iii) (a) accommodation in the crèche shall be on a scale of at least ten square feet of floor
        area per child;
        (b) there shall be a play area suitably fenced for children;
        (iv) the working hours of crèche shall correspond to the working hours of the employees and
        it may work in shifts;

        (v) every crèche shall be in the charge of a woman with midwifery qualification or training as
        crèche attendant and where the number of children exceeds ten, the crèche attendant shall be
        assisted by female ayahs at the rate of one ayah for every ten children up to six years;

        (vi) the crèche shall have sufficient number of cots, beds, cotton sheets, rubber sheets,
        blankets, pillows, toys, and like other things for children;

        (vii) (a) every crèche shall have suitable arrangement for female employees to feed their
        children below fifteen months of age during the intervals;

        (b) adequate number of bathrooms, toilets, washbasins, clean towels and soap shall be
            provided in the crèche;

        (c) the crèche shall have first aid facility kept in proper condition under the supervision of
             trained female staff;

        (d) there shall be a kitchen attached to the crèche with utensils and other facilities for boiling
             milk and preparing refreshments and like other things; and

        (e) drinking water, milk and wholesome refreshments shall be available for the children at the
             crèche;

(viii) (a) In any establishment where there is a sole negotiating union under sub-section (2) or (3) of
section 14 of the Industrial Relations Code, 2020 (35 of 2020) or a negotiating council under sub-
section (4) of section 14 of the Industrial Relations Code, 2020 (35 of 2020), then, such negotiating
union or negotiating council, as the case may be, may enter into an agreement with the employer of
the establishment that the crèche facility under section 67 shall be provided, if women or widower or
single parent employees, who are having children below the age of six years and eligible to get crèche
facility and if not provided, then, such employee shall be paid crèche allowance every month by that
establishment.

(b) Where there is no sole negotiating union or negotiating council referred to in sub-clause (a) the
majority of the employees of the establishment may enter into an agreement with the employer of the
establishment that the crèche facility under section 67 shall be provided, if women or widower or
single parent employees, who are having children below the age of six years and eligible to get crèche
facility and if not provided, then, such employee shall be paid crèche allowance every month by that
establishment.

        Provided that, in both cases under clause (a) and this clause, the amount of crèche allowance
shall not be less than rupees five hundred per month per child or such amount as may be notified by
the Central Government from time to time:

       Provided further that the crèche allowance shall be admissible for two children only except
when the number of children exceeds two due to second child birth resulting in multiple births.

Application and evidence

1. Primary statutory test — (1) In every establishment where fifty or more employees are ordinarily employed, there shall be provided and maintained a crèche for the use of children under the age of six years of such employees.
2. Additional operative limb — (2) The crèche shall provide adequate accommodation with lighting, ventilation and shall be maintained in a clean and sanitary condition and the criteria for setting up of a crèche shall be as under, namely:– (i) a crèche shall be located within one kilometre of the establishment to which Chapter VI of the Code applies and shall be conveniently accessible to the employees whose children are accommodated therein:
3. Qualification / exception to test — Provided that the location of one kilometre radius shall be relaxed by the competent authority in case of the establishments located within the industrial parks or industrial area, notified by the Central Government or the State Government or any Local Authority of the Central Government or the State Government, as the case may be, where a common crèche…
4. Numerical or timing control — Employees and crèche facility.–(1) In every establishment where fifty or more employees are ordinarily employed, there shall be provided and maintained a crèche for the use of children under the age of six years of such employees.
5. Code Section mapping — 67. Read the mapped provision together with this text rather than treating the concordance as a substitute for it.
6. Evidence file — retain facts and records proving the role/status of: Employer, Employee / worker, Central Government, State Government, Authority / officer.

Cross-references & prescribed forms

Worked example

Q&A — Rule 37

Primary sources