Bharat Bhushan 02 September 2015

Day care fascility by employer

Hello Sir/Madam,

My wife is working with one reputed Indian Organization for last 5+ years. She is in her fourth month of pregnancy. The organization where she works is providing day care fascility to all its employees and while selling the job to job seekers company never misses to mention of the day care fascility provided by the organization to all female employees which in turn converts a no sold job to a sold job successfully.

My wife has also joined the organization considering this fact in mind and never switched the job considering the day care fascility in mind as we do not have anyone back at home who can take care of our child while we can continue our job.

Company has decided to change the existing vendor and replace with a new Vendor. The previous Vendor allows to carry baby straight way after completing of maternity leave. However with new Vendor as per the contract signed by the organization “one can only bring the child to day care fascility only when he/she is atleast six months of old”. The Maternity leave provided by the company is for three months period. So if my wife exercise complete maternity leave after delivery it will leave her three months of time where she cannot avail day care fascility provided by company.

The fact is that organization never informed about the said changes and apart from senior management no one is aware of said change. My wife also came to know only when she informed the day care fascility team of her pregnancy and wish to opt for day care fascility after 9 months of time.

As per received reply from management the said change will be effective 01.10.2015 organization will intimate to all employees than only and that time also organization is not sure of vacant seat which can be given to our baby (there is no tool or link where we can see the chart of children’s in the crutch verses total number of available seats, in net shell there is no visibility for an employee)

Questions :-

01) What we should do to fill the three months of Vaccant period .i.e period after maternity leave and before baby reaches to six months of age.

02) Can we force the organsiation to provide unpaid leaves of three months under these circumstances?

03) Can we ask the organization to bring the transparency in the system so that employees which actually in need to day care fascility can plan family life accordingly?

04) Are there any guidelines from GOVT. for running the day care fascilty by private employers?

05) Can you see anything violated by the organization which we can use as our weapon to put case strongly?

Please help..

Reply Follow

1 Replies

Kumar Doab (FIN) 12 September 2015

Some companies do provide ‘Day care fascility’!

You have posted that:

----“The organization where she works is providing day care fascility to all its employees and while selling the job to job seekers company never misses to mention of the day care fascility provided by the organization to all female employees which in turn converts a no sold job to a sold job successfully.”

You may download the link and evidence of such publication.

----“My wife has also joined the organization considering this fact in mind and never switched the job considering the day care fascility in mind as we do not have anyone back at home who can take care of our child while we can continue our job.”

Relate the evidence with the allurements given to your wife e.g. publication on the day your wife was approached for job, job offer etc and any published/printed version where this facility/perk/offer was mentioned.

----“Company has decided to change the existing vendor and replace with a new Vendor. The previous Vendor allows to carry baby straight way after completing of maternity leave. However with new Vendor as per the contract signed by the organization “one can only bring the child to day care fascility only when he/she is atleast six months of old”.”

Download the versions in printed form.

----“The Maternity leave provided by the company is for three months period. So if my wife exercise complete maternity leave after delivery it will leave her three months of time where she cannot avail day care fascility provided by company.”

“My wife also came to know only when she informed the day care fascility team of her pregnancy and wish to opt for day care fascility after 9 months of time.’

Has it been informed in writing to your wife?

----“As per received reply from management the said change will be effective 01.10.2015 organization will intimate to all employees than only and that time also organization is not sure of vacant seat which can be given to our baby (there is no tool or link where we can see the chart of children’s in the crutch verses total number of available seats, in net shell there is no visibility for an employee)”

Your wife has informed in writing then she will have the date/time on record.

The suggestion to keep the status updated on record that is visible to all employees can be made in writing.

In any case if this facility is part of service conditions/offer then it should not be changed without prior notice and acceptance.

The employees can negotiate with employer.

As far as the Act/enactments are concerned there is provision for:

Provision for Crèches

Provision for crèches exists under the following:

Section 48 of the Factories Act, 1948.
Section 44 of the Inter State Migrant Workmen (RECS) Act, 1979.
Section 12 of the Plantations Labour Act, 1951.
Section 14 of the Beedi and Cigar Workers (Conditions of Employment) Act, 1966.
Section 35 of the Building and other Constructions (Regulation of Employment and Conditions of Service) Act, 1996.

https://labour.nic.in/content/division/women-labour.php

Crèches :

Crèches Factory employing 30 or more women workers are required to provide crèche facilities for the use of children under the age of 6 years for the women employees. The Crèche shall be furnished and equipped and in particular there shall be one suitable cot or a cradle with the seating accommodation for the use of each mother while she is feeding or attending to her child, and a sufficient of suitable toys for older children.

Nursing breaks:

Nursing breaks Every woman delivered of a child who returns to duty after such delivery shall, in addition to the interval for rest allowed to her, be allowed in the course of her daily work two breaks of the prescribed duration for nursing the child until the child attains the age of fifteen months.

PUNJAB MATERNITY BENEFIT RULES, 1967 (20.14 – 20.28)

7. Break for nursing child. Section

11 read with sec

tion 28(2)(1) --

Each of the two breaks mentioned in Section 11 sh all be of 20 minutes duration:

Provided that in case the crèche or place where children are left by woman while on duty is not in the vicinity of the place of work a period up to 15 minutes more may be allowed for the purpose of journey to and from crèche or the place.

https://pblabour.gov.in/pdf/acts_rules/maternity_benefit_punjab_rules_1967.pdf

The authority as per the various enactments that are applicable to establishment/employer/employee can be approached e.g:

Inspector appointed under: Maternity Benefit Act (State/Central as applicable in case of your wife)..................................As inserted in the Act the employer can provide superior benefits than provided in the Act...........................The employees can claim that once provided for no benefit can be taken back.

Inspector appointed under : (Name of the state) Shops and Commercial Establishments Act : If the establishment/Division-Dept-Office where your wife is located is covered by the Act and your wife is covered by the def. of ‘Employee’ as in the Act. This act of many states does not discriminate between ‘Workman’ and ‘Non Workman’.