Executive Decree No. 144/2022: Implementation of Section 179 of the Employment Contract Law regarding nurseries and childcare facilities.
Labor & Social Security Law Department Report | Executive Decree No. 144/2022: Implementation of Section 179 of the Employment Contract Law regarding nurseries and childcare facilities
Dear Sir or Madam,
Decree 144/2022, published in the Official Gazette on March 23rd, 2022, implements Section 179 of the Employment Contract Law regarding the employer’s obligation to open up nurseries and childcare facilities at the offices.
The Decree sets forth the following:
• In those workplaces where 100 or more employees render services, the employer must make available childcare facilities for children between 45 days and 3 years old, who are under the responsibility of employees during the workday.
• To calculate the total amount of employees in the workplace, employees of third entities who perform duties in the workplace shall be considered.
• Employers whose workplaces are within an industrial park or less than 2 kilometers apart, shall implement joint childcare facilities within that radius.
• Employers shall subcontract the implementation of childcare facilities provided they comply with all the conditions set forth in the Decree.
• Collective Agreements shall determine to replace the obligation set forth in this Decree with the payment of a non-salary amount as childcare expense reimbursement, pursuant to the conditions set out by the Decree. The amount to be reimbursed for said item shall not be less than 40% of the monthly salary of those employees under the “attention and care” category of the Casas Particulars Regime or of the amount indeed spent by the employee in case it is lower.
• Concerning remote employees, when those employees are attached to a workplace, the requirement to make available daycare facilities shall be replaced by the payment of a non-salary amount in the conditions set forth in the previous paragraph.
The Decree became effective the day it was published (March 23rd, 2022) but it states that the obligation thereby imposed will become enforceable after one year from the moment it came into force.
Should you require any further information on this matter, please do not hesitate to contact us.
Álvaro J. Galli
María Carolina Muriago