Karnataka Government notifies Rules making Crèche facilities mandatory for establishments having 50 or more employees – Key Obligations on the part of Employer/s

Karnataka Government notifies Rules making Crèche facilities mandatory for establishments having 50 or more employees – Key Obligations on the part of Employer/s

August 23, 2019 Industries, Karnataka, LAB 0

After almost a year of rolling out the Draft Karnataka Maternity (Amendment) Rules, 2018 (“Draft Amendment”), the Karnataka Government has recently onAugust 8, 2019 notified the Karnataka Maternity Benefit (Amendment) Rules, 2019 (“Final Notification”).

On a comparative study between the Draft Amendment and the Final Notification, we have noticed a considerable number of differences between the Draft Amendment version and the Final Notification. The Final Notification specifically clarifies on the applicability of the Rules, provides further clarity on certain aspects which were not clear in the Draft Amendment and includes additional requirements which were not present in the Draft version. In effect, we have noticed that the Final Notification is more comprehensive and clarifies couple of aspects which were silent in the Draft Amendment.

Applicability:

 

Unlike the Draft Amendment, the Final Notification has clarified  the applicability of these Rules, and has expressly stated that the  creche facility will have to be provided to children of all employees irrespective of the type or nature of employment, such as permanent, temporary, regular, daily wage, contract, etc. We are listing the key obligations in the form of Do’s and Dont’s on every establishment having 50 or more employees arising from this Final Notification.

Do’s Dont’s
Location of the Crèche facilities
  • Set up the Crèche facility within the premises of your establishment or within 500 metres from the entrance gate.
  • Make  it accessible to the mothers or parents of the children accommodated in the workplace.
  • Avail expert advice from the State or National support agencies as part of the decision-making process for setting up Crèche/s.
  • Do not set up the creche facility in close proximity to an establishment where obnoxious fumes, dust or odors is emitted or where excessively noisy processes are carried on.
Building and Facilities
  • Creche facility should be constructed out of heat resistant and water-resistant materials.
  • Comply with planning, building control, fire safety and health and safety legislation while constructing this facility.
  • Keep the facility clean, safe, secure and child friendly.
  • Follow the specifications with respect to height of the building and rooms of the facility.
  • Provide adequate lighting and power back up in the facility at all times.
  • Keep the creche open at all times, both by day or night, for mother or parents.
  • Safe and potable drinking water at all times.
  • Have arrangements for supply of water at the rate of at least 5 gallons per child per day.
  • Provide a kitchen with utensils and other facilities for boiling milk and preparing refreshments., etc.
  • Provide suitable uniforms to children and staff.
  • Comply with sanitation and hygiene requirements in the facility.
  • Provide a suitably fenced and shady open-air playground for the children.
  • Ensure display of bright, cheerful and child accessible displays of essential play and teaching/learning material, daily schedule, child safety and essential norms.
  • Provide cradles / cots, medicine kits, first aid kits, pillows, blankets, sitting accommodation or furniture for use of mother for feeding and parents for attending to child, child-friendly furniture, toys or play materials, etc.
  • Adhere to the standards and norms fixed by Central and State Governments, such as the National Minimum Guidelines for setting up and running crèche published.
  • Do not serve unhygienic food / beverages.
  • There shall not be less than 5 sq. ft. of floor area for each child to be accommodated in a crèche.
  • Do not have unsafe places like open drains or pits or any dangers near the crèche.
Staff and working hours
  • Employ a crèche-in-charge who has Government approved or recognized qualification and training in “Early Childhood Care and Education” (ECCE)” or “Teachers Course Higher (TCH)” or equivalent qualification.
  • Where the number of children exceeds ten, the crèche attendant shall be assisted by female ayahs and required personnel at the rate of one ayah

    (a) for every ten children upto three years of age; and

(b) for every fifteen children of over three years of age.

 

  • The working hours of the crèche shall correspond to the working hours of the mothers or parents of the children admitted in the crèche.

 

  • Do not engage a crèche attendant without having midwifery qualification / training.
Basic Medical Records – To be maintained by Crèche
  • Carry out medical examination of every child before admission to the facility.

 

  • Conduct medical check-up of the children once in two months and their Body-Mass Index (BMI) recorded once a month.

 

  • A record of the periodical medical check-up and weighment shall be entered in the record of medical examination of each child kept at the crèche.
 
Supply of Milk and Refreshment
  • At least 250 ml of hygienic pure milk shall be made available for each child every day.

 

  • Allow the mother of such child in the course of the daily work, a minimum of four visits a day of sufficient time to the crèche and feed the child.

 

  • Provide the children above two years of age with an adequate supply of wholesome refreshment.
 
Supply of clothes, soap and oil
  • Provide suitable clean clothes to crèche staff for use while on duty.

 

  • An adequate supply of clean clothes, soap and oil shall be made available for each child while in the crèche.
 
Outdoor Play Facilities
  • Ensure that the children have access to outdoor play space which is safe, secure, well-maintained, and exclusively available for the use of the children during operating hours.

 

  • In case, children use public playgrounds or parks, take all reasonable steps to provide outdoor play facilities and ensure the safety and security of the children.
 

Source: Labour Secretariat, Karnataka

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