Installation Of Nurseries At Workplaces

The Constitutional Chamber of the Supreme Court of Justice ruled in favor of the remedies of appeal on grounds of unconstitutionality by omission f‌iled in 2015 and 2016, based on the lack of regulation of the employers' obligation set forth in Article 42(2) of the National Constitution, which establishes that "Laws shall regulate employers' obligation to install and maintain nurseries and childcare facilities for employee's children", a benef‌it that to this date employees had not been given the chance to enjoy.

Thus, the Court has ordered the Legislative Assembly to issue a secondary law to set any aspects concerning the benef‌it of childcare facilities for employees' children, that is, employers will now be subject to a new obligation to provide their employees with this benef‌it; for these purposes, the Legislative Assembly must comply with the Court's order no later than May 31, 2018.

The aforementioned authority set parameters to enforce this constitutional requirement, also noting that employees' children should be under the supervision of suitable and qualif‌ied professionals responsible for providing any care as required by these children during the entire workshift of their fathers or mothers, as the case may be, in order to ensure an appropriate environment that fosters comprehensive development.

It must be noted that the parent's gender has no impact whatsoever on the possibility that the child enjoys the childcare benef‌it at specif‌ic facilities, such as nurseries. The key issue here will be that the benef‌itted person must work for the employer, who must bear any expenses incurred for the operation of these...