For working mothers—especially those with young children—meeting their children’s daily care and needs can be very difficult. Under labor regulations, employers with more than 150 female employees are required to provide a daycare facility. If an employer fails to establish the required daycare, a mother employee has the right to resign for cause and claim compensation.
Obligation to Provide Daycare at Workplaces
Within municipal boundaries and adjacent service areas, any workplace with more than 150 female employees must provide a nursery or daycare so that female employees can breastfeed and care for their children. If the employer does not open a daycare in the building where the workplace operates and thus fails to meet this obligation, a female employee has legitimate grounds to terminate her employment contract. Employees who resign for this reason may also be entitled to severance pay. To exercise this right, employees must first issue a written warning to the employer; failure to provide such a written notice can leave employees at a disadvantage.
Penalties and implementation procedures related to the daycare obligation for female employees are set out in regulations governing the employment of pregnant and nursing women, breastfeeding rooms, and childcare facilities. These regulations require employers at workplaces with between 100 and 150 female employees—regardless of job description—to provide a dedicated breastfeeding room so that female employees can breastfeed. The breastfeeding room must be separate from work areas and should be located no more than 250 meters from the workplace.
Presence of Female Employees Is Sufficient
Accordingly, having 100 to 150 female employees triggers the daycare obligation. It is important to note that the rule does not consider the marital status or parental status of female employees when determining whether a daycare must be provided. Even if none of the 150 female employees have children, the employer is still required to provide daycare. Daycare facilities are intended to care for and feed children aged 0–6 of female employees. Employers can meet this obligation either by establishing their own daycare or by purchasing services from existing facilities. If the employer opens its own daycare, the facility and its staff must comply with applicable laws and standards.
When determining whether a workplace in municipal and adjacent service areas reaches the threshold of 150 female employees, the employer does not take into account the women’s ages, marital status, or family situations. Even male employees who have become primary caregivers—such as fathers who obtained custody after the child’s mother passed away—are counted in this calculation. Thus, male employees with custody of their children are also included in the count toward the 150 threshold.
Contract Termination If Daycare Is Not Provided
Breastfeeding rooms are intended for use until the child reaches one year of age; workplace daycares serve children up to 66 months (until they are enrolled in primary school). These spaces are dedicated specifically for breastfeeding and daycare and are not meant for other purposes. Employees may leave their children at the workplace daycare during working hours and pick them up at the end of the workday. The daycare must also provide meals to meet the children’s nutritional needs.
When an employer fails to meet the daycare obligation, the employee has legitimate grounds to terminate the employment contract. Courts and appellate courts—including precedents from higher judiciary levels—generally find in favor of female employees when a workplace lacks the mandated daycare. If the court rules in the employee’s favor, the employee may leave and receive compensation. The most important procedural step is that the employee must first issue a written notice to the employer (or the employer’s representative) citing the absence of daycare. If no written notice is given, the employer may claim ignorance of the issue and could avoid paying compensation when the employee leaves. Therefore, in workplaces without daycare, employees should first issue a written warning; if the employer’s response is inadequate, the matter should then be taken to court.