Are Shenzhen enterprises legally allowed to operate childcare institutions? Employers' compliant employment and liability boundaries under the 2026 Health Commission's new policies.
On September 14, 2026, Lei Hai chao, Director of the National Health Commission, explicitly proposed at the State Council Information Office's "Starting the 15th Five-Year Plan" series press conference that the integrated development of childcare and early childhood education should continue to be advanced, and that communities and employers should be supported in establishing childcare service institutions, so that residents can obtain childcare services nearby and conveniently at affordable prices, thereby increasing the enrollment rate and reducing the costs of childbirth, childrearing, and education for families. After the policy signal was released, many corporate HR departments and industrial park operators in Shenzhen began asking: if a company frees up a meeting room to set up a childcare point, is that actually feasible? From a legal perspective, this matter is far from being as simple as "freeing up a room and hiring two aunties." Childcare services involve multiple legal fields, including the protection of minors, food business operations, fire safety acceptance, labor and employment, and site use. Once a line is crossed, companies may face not only administrative penalties, but also potential tort liability and even criminal liability.
For employers setting up childcare services, the first hurdle is qualifications: registration is not optional.
Many enterprises mistakenly believe that childcare for employees' children is a "welfare benefit" and therefore does not require licenses or registration. This understanding is fundamentally flawed. According to Article 58 of the Law of the People's Republic of China on the Protection of Minors, infant and toddler care service institutions shall comply with relevant national standards and specifications and file records with the health department of the local people's government at or above the county level. The 2020 General Office of the State Council's Guiding Opinions on Promoting the Development of Care Services for Infants and Toddlers Under 3 Years Old, along with the National Health Commission's Standards for the Establishment of Childcare Institutions (Trial) and Management Specifications for Childcare Institutions (Trial), further clarify that childcare institutions shall register according to law and file records with the health department before commencing operations. In other words, as long as care services are provided for infants and toddlers under 3 years old, registration and filing must be completed, regardless of whether fees are charged or whether services are provided only to the institution's own employees.
Shenzhen operates a "registration + filing + multi-department joint review" model for the management of childcare institutions. If an enterprise wants to set up a childcare center using self-owned or leased premises, it must first confirm whether the intended use of the premises complies with planning requirements; residential units and industrial factory buildings generally do not meet the conditions for establishing a childcare institution. Second, it must pass fire safety acceptance inspection or filing spot checks; childcare institutions have specific requirements for emergency exits, evacuation routes, and fire compartments. Third, if meals are provided, a food business license must be obtained, and staff must hold health certificates. In 2025, Shenzhen's market regulation and health departments have carried out multiple rounds of joint inspections of childcare institutions, with unlicensed operation and operating beyond the approved scope being among the most frequently penalized violations.
From the perspective of legal practice, what enterprises most easily overlook is the issue of the "filing entity." Some enterprises have their labor union or administrative department operate it, while others entrust a third-party organization to affiliate under its name. Once a safety accident occurs, determining the responsible entity becomes very complicated. It is recommended that enterprises clarify before the project starts whether the operating entity is an independent legal person or an internal body, and use a written agreement to clarify the rights and obligations of the three parties: the venue provider, the operator, and the employer.
Are childcare staff employees or collaborators? The employment relationship determines the path to compensation.
One of the core risks for childcare institutions is people. If the employment relationships for positions such as childcare workers, infant care specialists, health workers, security guards, and chefs are not handled properly, companies may face a series of labor law issues, including double wages for failing to sign labor contracts, compensation for illegal termination, and joint liability for work-related injuries.
Article 10 of the Labor Contract Law provides that a written labor contract shall be concluded when a labor relationship is established. If a childcare institution attempts to evade the labor relationship under the guise of "cooperation," "labor services," or "part-time work," such arrangements are easily pierced and recognized for what they are in judicial practice. Several judgments by the Shenzhen Intermediate People's Court in recent years show that as long as the worker accepts the institution's management, provides services according to shifts, and receives remuneration on a monthly basis, the court tends to find a labor relationship even if what was signed is a "Labor Service Cooperation Agreement." Once a labor relationship is established, the employer must bear statutory obligations such as social insurance contributions, work-related injury insurance, and economic compensation.
Even more concerning is the risk of work-related injuries. If childcare institution staff suffer accidental injuries while caring for infants and toddlers, and the employer has not paid for work-related injury insurance, the employer will bear all compensation. According to Article 14 of the Regulations on Work-Related Injury Insurance, injuries caused by accidents during working hours and in the workplace due to work reasons shall be recognized as work-related injuries. A childcare worker straining their back while holding a child, being scratched by a toddler and developing an infection, or kitchen staff suffering burns may all constitute work-related injuries. If an enterprise uses labor dispatch through a third party, it must also note the restrictions under the Interim Provisions on Labor Dispatch regarding dispatched positions being "temporary, auxiliary, or substitutive." Whether childcare worker positions qualify as auxiliary positions is disputed in practice.
When handling corporate employment compliance cases, Guangdong Zhiming Law Firm typically recommends conducting an employment model design before launching a childcare project, clarifying which positions should be directly hired and which should be outsourced, and how responsibility allocation and insurance arrangements should be stipulated in outsourcing agreements. This is not about increasing costs, but about converting uncontrollable compensation risks into budgetable compliance costs.
What responsibility does an institution bear when an infant is injured at a childcare facility?
The accident that childcare institutions fear most is a child getting injured. From the perspective of legal liability, this involves two dimensions: tort liability and contractual liability. Article 1199 of the Civil Code stipulates that if a person with no capacity for civil conduct suffers personal injury while studying or living in a kindergarten, school, or other educational institution, the educational institution shall bear tort liability; however, if it can prove that it has fulfilled its duties of education and management, it shall not bear tort liability. Infants and young children under the age of 3 are persons with no capacity for civil conduct, and childcare institutions owe them duties of education, management, and protection, applying the principle of presumption of fault—that is, once a child is injured, the institution is first presumed to be at fault, and the institution must prove that it has fulfilled its duties; otherwise, it must pay compensation.
In Shenzhen judicial practice, courts impose relatively high standards of care on childcare institutions. For example, in cases involving biting or scratching between children, falls and collisions, ingestion of foreign objects, or suffocation during naps, the courts will examine whether the institution has sufficient childcare staff, whether surveillance is installed, whether shift handover and inspection systems are in place, and whether it promptly sent the child to a hospital and notified the parents after the incident. Missing surveillance or lost footage of key periods often leaves the institution unable to discharge its burden of proof, resulting in losing the case.
In addition to civil compensation, if the accident causes serious consequences, it may also trigger administrative liability or even criminal liability. Article 119 of the Law on the Protection of Minors stipulates that if an infant and toddler care service institution violates the regulations, the health department shall order it to make corrections, issue a warning, or impose a fine, and in serious circumstances, order it to cease childcare services. If negligence leads to the death or serious injury of an infant or toddler, the persons responsible may be suspected of the crime of negligent homicide or the crime of negligently causing serious injury.
Therefore, childcare institutions must establish accident prevention and emergency response mechanisms: pre-enrollment health screenings, daily morning checks, soft padding in activity areas, food safety sample retention, full surveillance coverage with recordings kept for no less than 90 days, and clear service agreements and risk disclosure statements signed with parents. These actions are both management requirements and key evidence in future litigation.
Compliance pathways for employer-sponsored childcare: What can lawyers do?
Policies encourage employers to provide childcare, but "encouragement" does not equal "exemption from liability." If a company decides to enter this area, it is advisable to proceed along the following path: first, conduct due diligence on the site and the legal entity, confirming the site's use, fire safety conditions, and the feasibility of filing; second, design an employment plan, distinguishing between direct employment, labor outsourcing, and labor dispatch, with supporting commercial insurance; third, draft childcare service agreements, parent notices, safety management systems, and emergency response plans; fourth, establish a routine compliance inspection mechanism to regularly verify the validity of licenses, personnel qualifications, food procurement records, and surveillance retention; fifth, after an accident occurs, secure evidence immediately and report in accordance with the law to avoid expanding liability through improper handling.
Shenzhen, as a city with a strong influx of young people, has a robust demand for childcare, and policy support is also increasing. However, the legal risks of childcare services are characterized by "low frequency, high loss"—if nothing happens, fine; but once something does, it often involves life and health and high compensation. While responding to policies and seeking benefits for employees, enterprises should put legal compliance as the first step in project feasibility assessment. Guangdong Zhiming Law Firm has long provided Shenzhen enterprises with legal services in employment compliance, minor protection, and education and training, and can offer full-process support in childcare project initiation, contract review, accident response, and other stages. The policy window is already open, and the compliance bottom line must be held.
