Dear clients and friends
We hereby inform you that Decree 259 has been published in the Official Gazette number 245, Volume 433, dated December 23, 2021, in which it states that it will have effect from July 1, 2022, leaving its entry ineffective into force for January 1, 2022, regarding the obligations established in the Special Law for the Regulation and Installation of Nurseries for the workers’ children, it’s important to mention that this obligation is for companies that have 100 or more workers.
Law Title:
Special Law for the regulation and installation of Nurseries for the workers’ children.
Date of issue:
May 31, 2018.
Legal basis:
Art. 42 subsection ° of the Constitution, Art. 18 numeral 3 of the Convention of the Child Rights.
Purpose of the Law:
The purpose of the law is to regulate the conditions under which employers will implement the services of nurseries and places of custody for the workers’ children, either in the workplace or in an independent annex place, determined by the employer of each company, all for the benefit of the workers.
Area of implementation:
For the children of the workers in the public sector, private companies, autonomous official institutions and municipalities, from the end of the postnatal period until three years of age (from 4 months of life of the child to 3 years).
Obliged Subject:
The obligation is for employers who have 100 or more workers.
All the costs that the nurseries cause must be paid by the employer.
Modalities to comply:
The employer may comply with this Law by making use of one or more of the following modalities:
1. Install and maintain nurseries and custody rooms in an near and independent place to the workplace, all the costs of hiring trained personnel and the center room must be paid by the employer.
2. Through the installation and maintenance of a common center for nurseries and a place of custody, which will be paid for by several companies or work establishments.
3. Through the payment of nurseries and custody places that provide such services independently to the company or work establishment in a professional and regular manner decided by the employer.
Sanction:
In case of non-compliance, the Ministry of Labor will impose a penalty of 5 to 8 minimum wages (the minimum wage for Commerce and Services is $ 365 USD, therefore the fine will range from $1825 to $2,920 USD, per infringement).
