ServeHr

The Ministry of Women & Child Development issued a notification dated February 23, 2024 specifying the minimum standards to be followed for setting up of creche facilities.

It applies to every individual/ service agencies/ corporations/ companies/universities/ hospitals/ care service providers/ government organisations/ non-governmental organisations etc, having 50 or more employees to have a creche, extending to both males and females. Additionally, Section 48 of the Factories Act, 1948, mandates creche facilities for factories with over 30 female workers.

Date of enforcement: February 23, 2024.

Key Highlights:

1. The creche is defined as a creche provides a safe and nurturing environment for youngsters while their parents or guardians work. These facilities prioritize children’s health, provide nutritional meals, and ensure a safe environment. It offers age-appropriate instructional activities.

2. Key considerations to consider when opening a créche:

a. Facility of creche may be provided from the age group of 6 months onwards.

b. The creche may also be set up in any office space, in a residential apartment/society, school, hospitals, cooperative office or any other place as per requirements.

c. It is mandatory that CCTV cameras are installed for ensuring security and supervision at the creche. Parents/ Guardians may preferably be provided with access to CCTV cameras, wherever possible, enabling them to monitor the creche remotely from their workplace.

d. The local police stations, the Women and Child Development/Social Welfare Department, and the Labour Department should invariably have the information about the location and details of the créche for safety purposes and information to be maintained by these offices.

e. Play materials and toys (essential ECCE Study material and play materials, sports materials, blocks etc.) should be provided to the children. Audio-visual equipment may be provided where appropriate and feasible to stimulate age-appropriate learning and cognitive development.

3. The Indicative composition of Creche Administrative Committee is as follows – i) Créche Administrator – To be nominated by institution/organisation operating the créche ii) Créche supervisor iii) Parents/ Guardians (preferably 3) of beneficiary children

4. Duties of creche supervisor:

a. The creche Supervisor will be overall in charge of the créche.

b. Planning and implementing age-appropriate educational activities to foster holistic development of the children.

c. To maintain/monitor records of children’s attendance and other statutory records.

5. Services available at the creche facilities are as followed:

a. Parent/Guardian and Administration meeting

b. Engagement and training of creche workers

c. Health, Medicine and First Aid Kits

d. Record maintenance

5. An administrative committee should regulate safety standards at the creche

a. Verifying and controlling access to CCTV surveillance, as well as processes for dealing with visits and pickups.

b. Conduct community-based inspections at least once a quarter to verify the creche is child-friendly and meets basic requirements for facilities and systems.

Enclosed is the Notification copy for your reference to implement this in your organisation.

Dear All,

The Government of Karnataka on January 10, 2024 released the Karnataka Compulsory Gratuity Insurance Rules, 2024.

Impacted Party(ies): It applies to every employer in Karnataka

Key Highlights:

(1) As per rule 3(1), every new employer shall subject to fulfillment of sub-section (2) of Section 4A of the Act, within a period of thirty days from the date on which these rules becomes applicable to such establishment shall obtain valid insurance policy in the manner as prescribed under sub-section (4) of Section 4A of the Act.

(2) As per rule 3(2), the employer of an establishment which is in existence at the time of commencement of these rules shall obtain a valid insurance policy within sixty days from the date of commencement of these rules.

(3) As per rule 3 (3) , the employer of the establishment who has obtained a valid insurance policy shall make all payments by way of premium to the insurance company and renew the same periodically and intimate the same to the Controlling Authority within fifteen days from the date of renewal of the policy. The employer shall initiate the process of payment of premium and renewal of policy before the lapse of the policy.

(4) As per rule 5, Every employer shall submit an application in Form-I to get his establishment registered with the Controlling Authority of the area or any other officer notified for this purpose by the State Government within thirty days from the date of obtaining insurance along with the list of its employees insured.

(5) As per rule 6, Every employer of an establishment who had already established an approved gratuity fund in respect of his employees and who desires to continue such arrangement and every employer employing five hundred or more persons who establishes an approved gratuity fund may opt to continue or adopt such arrangement by submitting an application in Form II, provided such existing approved gratuity fund covers the entire liability of all the employees of the establishment under the provisions of the Act.

(6) As per rule 8, Every employer of the establishment to whom these rules apply shall take all measures to fulfill his obligations under the provisions of the Act.

For further details, request you to find the attached PDF for your reference.

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In a landmark judgment dated August 17, 2023, the Supreme Court of India delivered a decision that has far-reaching implications for women’s rights and employment conditions. The case of Dr. Kavita Yadav, a Senior Resident in Pathology, highlighted the critical issue of maternity benefits beyond contractual employment. This ruling sets a precedent that ensures women’s rights to maternity benefits are protected, regardless of their employment status.

Enclosed is the case law extract for your reference.