Advanced Search

Law Approving The Convention No. 177 Of The International Organization Of Labour Concerning Home Work, Adopted In Geneva On 20 June 1996 (1) (2)

Original Language Title: Loi portant assentiment à la Convention n° 177 de l'Organisation internationale du Travail concernant le travail à domicile, adoptée à Genève le 20 juin 1996 (1) (2)

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month. - Carrefour Bank of Legislation

1 SEPTEMBER 2012. - An Act to Accredit International Labour Organization Convention No. 177 concerning homework, adopted in Geneva on 20 June 1996 (1) (2)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The International Labour Organization (ILO) Convention No. 177 concerning homework, adopted in Geneva on 20 June 1996, will come out of its full effect.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 1 September 2012.
By the King:
Deputy Prime Minister and Minister of Foreign Affairs,
The Minister of Employment,
Seen and sealed the state seal:
The Minister of Justice,
(1) Session 2011-2012.
Documents. - Bill tabled on 19 March 2012, No. 5-1541/1. - Report, no. 5-1541/2.
Annales parliamentarians. - Discussion and voting. Session of 31/05/2012.
Documents. - Project transmitted by the Senate, No. 53-2227/1. - Report made on behalf of the Commission, No. 53-2227/2. - Text adopted in plenary and subject to Royal Assent, No. 53-2227/3.
Annales parliamentarians. - Discussion and voting. Session of 13/07/2012.
(2) See the Decree of the Flemish Community/ Flemish Region of 19 March 2004 (Belgian Monitor of 3 May 2004), the Decree of the French Community of 20 December 2011 (Belgian Monitor of 24 January 2012), the Decree of the German-speaking Community of 22 November 2010 (Belgian Monitor of 10 December 2010 - Ed. 2), the Decree of the Walloon Region of 12 January 2012 (Belgian Currency of 26 January 2012)

Convention No. 177
The General Conference of the International Labour Organization, convened in Geneva by the Board of Directors of the International Labour Office, meeting on 4 June 1996, at its eighty-third session;
Recalling that many international labour conventions and recommendations establishing general standards of application regarding working conditions are applicable to home workers;
Noting that the special conditions of homework make it desirable to improve the application of these conventions and recommendations to homeworkers and to supplement them with standards that take into account the specific characteristics of the work;
Having decided to adopt various proposals on homework, which constitutes the fourth item on the agenda of the session;
After deciding that these proposals would take the form of an international convention,
adopts, on this twentieth day of June, nine hundred and eighty-six, the following Convention, to be known as the Labour at Home Convention, 1996.
Article 1
For the purposes of this Convention:
(a) the term "homework" means work that a person-designated as a home worker - performs:
(i) at his home or other premises of his choice, other than the employer's work premises;
(ii) compensation;
(iii) in order to produce a product or service that meets the employer's specifications, regardless of the origin of the equipment, materials or other materials used for that purpose,
unless the person has the degree of self-reliance and economic independence necessary to be considered as an independent worker under national legislation or court decisions;
(b) a person with the quality of an employee shall not become a home worker within the meaning of this Agreement by the fact that he or she occasionally performs his or her work as an employee at his or her home and not at his or her usual place of work;
(c) the term "employer" means any natural or legal person who, directly or through an intermediary, that the existence of the latter is not provided for in national legislation, gives homework on behalf of the company.
Article 2
This Agreement applies to any person performing homework within the meaning of section 1 above.
Article 3
Any Member who ratifies this Convention shall adopt, implement and periodically review a national policy on homework to improve the situation of homeworkers, in consultation with the most representative organizations of employers and workers and, where they exist, with organizations dealing with homeworkers and employers using homeworkers.
Article 4
1. The national policy on homework must promote, as far as possible, equal treatment between homeworkers and other employed 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 must be promoted in particular with respect to:
(a) the right of domestic workers to form or join organizations of their choice and to participate in their activities;
(b) protection against discrimination in employment and occupation;
(c) occupational safety and health protection;
(d) compensation;
(e) Protection through legal social security schemes;
(f) access to training;
(g) the minimum age for admission to employment or work;
(h) maternity protection.
Article 5
The national policy on homework must be implemented through legislation, collective agreements, arbitral awards, or in any other appropriate manner consistent with national practice.
Article 6
Appropriate measures must be taken to ensure that labour statistics cover, to the extent possible, homework.
Article 7
National labour safety and health legislation must apply to homework, taking into account its own characteristics and must determine the conditions under which certain types of work and the use of certain substances may, for safety and health reasons, be prohibited for homework.
Article 8
When it is admitted to using intermediaries for homework, the respective responsibilities of employers and intermediaries must be established, in accordance with national practice, through legislation or court decisions.
Article 9
1. An inspection system compatible with national legislation and practice must ensure compliance with the legislation applicable to homework.
2. Appropriate measures, including, where appropriate, sanctions, must be planned and effectively implemented in the event of a breach of this legislation.
Article 10
This Convention does not affect the more favourable provisions that are applicable to workers in dornicile 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 and recorded by him.
Article 12
1. This Convention shall be binding only on Members of the International Labour Organization whose ratification has been registered by the Director General of the International Labour Office.
2. It will enter into force twelve months after the ratifications of two Members have been registered by the Director-General.
3. Subsequently, this agreement will come into force for each Member twelve months after the date of its ratification.
Article 13
1. Any Member who has ratified this Convention may denounce it at the expiry of a period of ten years after the date of the initial entry into force of the Convention, by an act communicated to the Director General of the International Labour Office and registered to it. The denunciation will only take effect one year after being registered.
2. Any Member that has ratified this Convention that, within one year after the expiration of the ten-year period referred to in the preceding paragraph, shall not make use of the denunciation faculty provided for in this Article shall be bound for a further ten-year period and, thereafter, may denounce this Convention at the expiry of each ten-year period under the conditions set out in this Article.
Article 14
1. The Director General of the International Labour Office will notify all Members of the International Labour Organization of the registration of all ratifications and denunciations that will be communicated to it by the Members of the Organization.
2. In notifying the Members of the Organization the registration of the second ratification that has been communicated to it, the Director-General will draw the attention of the Members of the Organization to the date on which this Agreement will enter into force.
Article 15
The Director-General of the International Labour Office will provide the Secretary-General of the United Nations, for registration, in accordance with Article 102 of the Charter of the United Nations, with full information on all ratifications and denunciations registered in accordance with the preceding articles.
Article 16
Each time it deems necessary, the Board of Directors of the International Labour Office will present to the General Conference a report on the application of this Convention and will consider whether it is necessary to include in the agenda of the Conference the question of its total or partial revision.
Article 17
1. Should the Conference adopt a new convention for the full or partial revision of this Convention, and unless the new Convention otherwise provides;
(a) the ratification by a Member of the new revision convention would entail full right, notwithstanding article 13 above, immediate denunciation of this Convention, subject to the entry into force of the new revision convention;
(b) from the date of the entry into force of the new revision convention, this Convention would cease to be open to the ratification of Members.
2. This Convention would in any case remain in force in its form and content for those Members who have ratified it and who would not ratify the Review Convention.
Article 18
The English and French versions of the text of this Convention are equally authentic.
The above text is the authentic text of the Agreement adopted by the General Conference of the International Labour Organization in its eighty-third session, held in Geneva, which was declared closed on 20 June 1996.
In faith, their signatures were signed on the twentieth day of June 1996.

Labour Convention (No. 177)
List of related States