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Labour Agreements - Full Text Of The Rule

Original Language Title: CONVENIOS TRABAJO A DOMICILIO - Texto completo de la norma

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image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos
Agreed Law 25.800 Adopt the Convention on Home Work, adopted at the 83rd Meeting of the International Labour Conference. Sanctioned: November 5, 2003 Cast: November 28, 2003

The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress, etc. sanction with force of Law:

ARTICLE 1 Adopt the Convention on Home Work (1996, number 177) adopted at the 83rd Meeting of the International Labour Conference, the authenticated copy of which is part of this Act. ARTICLE 2 Contact the national executive branch.


# 25,800 #

EDUARDO O. CHANGE. . JOSE L. GIOJA. . Eduardo D. Rollano. . Juan Estrada.


Convention 177


The General Conference of the International Labour Organization:

Convened in Geneva by the Governing Council of the International Labour Office, and assembled in that city on 4 June 1996, at its thirty-third meeting;

Recalling that many international labour conventions and recommendations establishing general rules of implementation relating to working conditions are applicable to homeworkers;

Noting that the particular conditions that characterize homework incite to improve the implementation of these conventions and recommendations to homeworkers, as well as to supplement them with rules that take into account the characteristics of homework;

After having decided to adopt various proposals concerning home work, which constitutes the fourth point of order of the day of the meeting, and

After having decided that such proposals review the form of an international convention, it adopts, on 20 June, nine hundred and ninety-six, the following Convention, which may be cited as the Convention on Home Work, 1996:

Article 1

For the purposes of this Convention:

(a) The term "homework" means the work that a person, designated as a homeworker, performs:

(i) at home or in other accommodations, other than the employer ' s workplace;

(ii) in exchange for remuneration;

(iii) in order to develop a product or to provide a service in accordance with the specifications of the employer, irrespective of who provides the equipment, materials or other elements used for it, unless the person has the degree of autonomy and economic independence necessary to be considered an independent worker under national legislation or judicial decisions;

(b) a person who has the status of an employee shall not be considered a homeworker for the purposes of this Convention for the mere fact of occasionally performing his/her work as an employee at his/her home instead of performing it in his/her usual place of work;

c) the word "employer" means a natural or legal person who, directly or through an intermediary, is or is not provided for in national legislation, gives home work on behalf of his company.

Article 2

This Convention applies to any person performing work at home, as defined in previous Article 1.

Article 3

A Member ratifying this Convention shall adopt, implement and periodically review a national home labour policy aimed at improving the situation of homeworkers, in consultation with the most representative employers ' and workers ' organizations and, where available, with the organizations dealing with homeworkers and employers ' organizations that employ homework workers.

Article 4

1. To the extent possible, the national home labour policy should promote equal treatment between domestic workers and other wage workers, taking into account the particular characteristics of homework and, where appropriate, the conditions applicable to an identical or similar type of work carried out in a company.

2. Equal treatment should be encouraged, in particular:

(a) The right of homeworkers to form or join organizations that choose and participate in their activities;

(b) Protection of discrimination in employment and occupation;

(c) Safety and health protection at work;

(d) remuneration;

(e) Protection by legal social security regimes;

(f) Access to training;

(g) The minimum age for admission to employment or work;

(h) Maternity protection.

Article 5

The national policy on home work should be implemented through legislation, collective agreements, arbitral awards or any other avenues that are appropriate and consistent with national practice.

Article 6

Appropriate measures should be taken to ensure that, wherever possible, labour statistics cover home work.

Article 7

National legislation on safety and health at work should be applied to work at home, taking into account the specific characteristics of the job and should determine the conditions under which certain types of work and the use of certain substances may be prohibited at home.

Article 8

Where the use of intermediaries in home work is permitted, the respective responsibilities of employers and intermediaries shall be determined by law or judicial decisions, in accordance with national practice.

Article 9

1. An inspection system consistent with national legislation and practice should ensure compliance with the law applicable to homework.

2. Appropriate measures should be effectively envisaged and implemented, including, where appropriate, sanctions, for cases of violations of such legislation.

Article 10

This Convention does not undermine the most favourable provisions applicable to home workers under other international labour conventions.

Article 11

The formal ratifications of this Convention shall be communicated to the Director-General of the International Labour Office for registration.

Article 12

1. This Convention shall oblige only those Members of the International Labour Organization whose ratifications have been registered by the Director-General of the International Labour Office.

2. It shall enter into force twelve months after the date on which the ratifications of two Members have been registered by the Director-General.

3. Since that time, this Convention shall enter into force for each Member, twelve months after the date of its ratification.

Article 13

1. A Member who has ratified this Convention may denounce it at the expiration of a period of ten years, from the date on which it has initially entered into force, by means of a record communicated to the Director General of the International Labour Office for registration. The complaint shall not take effect until one year after the date of registration.

2. Any Member who has ratified this Convention and who, within one year of the expiration of the ten-year period referred to in the preceding paragraph, does not make use of the right of denunciation provided for in this article shall be bound for a new period of ten years, and thereafter may denounce this Convention at the expiration of each ten-year period under the conditions provided for in this article.

Article 14

1. The Director-General of the International Labour Office shall notify all Members of the International Labour Organization of how many ratifications, declarations and complaints are communicated to the Members of the Organization.

2. In notifying the Members of the Organization of the registration of the second ratification communicated to it, the Director-General shall draw the attention of the Members of the Organization on the date on which the present Convention shall enter into force.

Article 15

The Director-General of the International Labour Office shall communicate to the Secretary-General of the United Nations, for the purposes of the registration and in accordance with article 102 of the Charter of the United Nations, complete information on, all ratifications, declarations and complaint records that he has recorded in accordance with the preceding articles.

Article 16

Whenever necessary, the Governing Council of the International Labour Office shall present to the Conference a report on the implementation of the Convention, and shall consider the desirability of including in the agenda of the Conference the question of its full or partial review.

Article 17

1. In the event that the Conference adopts a new convention involving a full or partial review of the present, and unless the new convention contains provisions to the contrary:

(a) The ratification by a Member of the new review agreement shall entail, ipso jure, the immediate denunciation of this Convention, notwithstanding the provisions contained in article 13, provided that the new review convention has entered into force;

(b) from the date on which the new revised convention enters into force, this Convention shall cease to be open to ratification by Members.

2. This Convention shall remain in force in any event, in its present form and content, for Members who have ratified it and do not ratify the revised convention.

Article 18

The English and French versions of the text of this Convention are equally authentic.