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Nirathanka

Is a creche facility mandatory for a factory that has 50 employees, but no women workers?

2/2/2026

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No, a crèche facility is not mandatory for a factory that has 50 employees but no women workers.
Legal Analysis:
Factories Act, 1948 – Section 48: Mandates a crèche facility only in factories where 30 or more women workers are ordinarily employed. In the absence of women workers, this provision does not apply.
Maternity Benefit Act, 1961 (Amended) – Section 11A: Requires establishments with 50 or more employees to provide a crèche. However, this provision is intended to benefit women employees, particularly mothers. In the absence of women employees, the requirement has no practical applicability.
National Minimum Guidelines for Crèche Facility: These guidelines clarify that the crèche facility is meant for working mothers. They support the view that the provision applies only when women are employed.
Conclusion:  While the Maternity Benefit Act mentions "50 or more employees" broadly, both legislative intent and supporting guidelines confirm that a crèche facility is only required when women employees are present. Therefore, a factory with 50 employees and no women workers is not obligated to establish a crèche.

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