Posted the: 2013-09-23 Numac: 2012015180 FEDERAL Foreign Affairs, external trade and development COOPERATION PUBLIC SERVICE September 1, 2012. -Law approving Convention No. 177 of the International Labour Organization concerning home work, adopted at Geneva on 20 June 1996 (1) (2) ALBERT II, King of the Belgians, to all, present and future, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 77 of the Constitution.
S. 2. the Convention No. 177 of the International Labour Organization concerning the work at home, adopted at Geneva on 20 June 1996, will release its full and complete effect.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given in Brussels September 1, 2012.
ALBERT by the King: the Deputy Prime Minister and Minister of Foreign Affairs, D. REYNDERS the Minister of employment, Ms. M. DE CONINCK seen and sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note (1) Session 2011-2012.
-Bill filed March 19, 2012, no. 5 - 1541/1. -Report, n ° 5-1541/2.
-Discussion and vote. Meeting of 31/05/2012.
Documents. -Draft transmitted by the Senate, no. 53-2227/1. -Report on behalf of the Committee, no. 53-2227/2. -Text adopted in plenary and subject to Royal assent, session No. 53-2227/3.
Parliamentary Annals. -Discussion and vote. Meeting of 13/07/2012.
(2) see the Decree of the Flemish community / the Flemish Region of 19 March 2004 (Moniteur belge of 3 May 2004), the Decree of the French community of December 20, 2011 (Moniteur belge of January 24, 2012), the Decree of the German-speaking community of November 22, 2010 (Moniteur belge of 10 December 2010 - ed. 2), the Decree of the Walloon Region from January 12, 2012 (Moniteur belge of 26 January 2012) and the order of the Brussels-Capital Region from March 10 2005 (moniteur belge of 24 March 2005).
Convention No. 177 CONVENTION concerning the work at home the General Conference of the International Labour Organization convened at Geneva by the governing body of the international labour office, and having met in its eighty-third session on 4 June 1996,
Recalling that numerous conventions and recommendations international labour standards of general application concerning working conditions are applicable to homeworkers;
Noting that the conditions specific specific to home work make it desirable to improve the application of those conventions and recommendations to homeworkers, and to supplement them by standards which take into account the characteristics specific audit work;
After deciding to adopt various proposals relating to working from home, which is the fourth item in the agenda of the session;
After having determined that these proposals shall take the form of an international convention, adopts, this twentieth day of June nine hundred eighty and sixteen mil, the convention below, which will be referred to as Convention on home work, 1996.
Article 1 for the purposes of this convention: a) "work at home" means an a person - designated as homeworkers - work: i) at her home or in other premises of his choice, other than the premises of the employer;
(ii) for remuneration;
(iii) in view of the realization of a product or service meets the requirements of the employer, regardless of the origin of the equipment, materials or other elements used for this purpose, unless this person has the degree of autonomy and of economic independence necessary to be considered self-employed under the national legislation or court decisions;
(b) a person having the status of an employee does not become homeworkers within the meaning of this convention by the mere fact that she occasionally does its job of employee to his home and not his usual workplace;
(c) the term 'employer' means any natural or legal person who, directly or through an intermediary, that the existence of the latter not provided for in national legislation, gives homework on behalf of his company.
Article 2 this convention applies to every person performing work at home within the meaning of item 1 above.
Article 3 each Member which ratifies this convention shall adopt, implement and periodically review a national policy on home work aimed at improving the situation of homeworkers, in consultation with the organizations most representative of employers and workers and, where they exist, with organizations of workers at home and those of employers who use to homeworkers.
Article 4 1. The national home work policy shall promote, as far as possible, equality of treatment between homeworkers and other wage-earners taking account of the special characteristics of homework as well as, where appropriate, conditions applicable to a type of same or similar work carried out in the company.
2. equality of treatment shall be promoted in particular as regards: a) the right of homeworkers to establish or join organizations of their own choosing and to participate in their activities.
(b) the protection against discrimination in employment and occupation;
(c) the protection of safety and health at work;
(e) the protection by statutory social security schemes);
(f) access to training);
(g) the minimum age for admission to employment or work;
(h) the maternity protection).
Article 5 the national policy on home work must be produced by legislation, collective agreements, arbitral awards, or any other appropriate manner consistent with national practice.
Article 6 appropriate measures must be taken to ensure that the labor statistics cover, to the extent possible, home work.
Article 7 national legislation on safety and health at work shall apply to home work, taking into account its own characteristics and shall determine the conditions in which certain types of work and the use of certain substances, for reasons of safety and health, may be subject to a ban for the purposes of working from home.
Article 8 when he is admitted to have recourse to intermediaries for the purposes of working from home, the respective responsibilities of employers and intermediaries shall be fixed, in accordance with national practice, by way of legislation or court decisions.
Article 9 1.
A system of inspection consistent with national law and practice shall ensure compliance with the legislation applicable to work at home.
2. appropriate measures, including, if appropriate, sanctions, must be planned and effectively implemented in the event of breach of this legislation.
Article 10 this convention does not affect more favourable provisions applicable to workers at dornicile under other international labour conventions.
Article 11 the formal ratifications of this convention shall be communicated to the Director-general of the international Bureau of labour and by him registered.
Article 12 1. This agreement shall bind the members of the International Labour Organization whose ratification will have been registered by the Director-general of the international labour office.
2. it will enter into force 12 months after the ratifications of two members are registered by the Director-general.
3 spoke suite, this convention shall enter into force for each Member twelve months after the date where its ratification has been registered.
Article 13 1. Any Member that has ratified this convention may denounce on the expiry of a period of ten years after the date of the initial implementation of the convention, by an act communicated to the Director-general of the international labour office and by him registered. The denunciation will take effect a year after having been registered.
2. any Member that has ratified this Agreement who, within the period of one year after the expiry of the period of ten years mentioned in the preceding paragraph, will not make use of the option of denunciation provided for in this article will be bound to a new period of ten years and, thereafter, may denounce this convention at the expiration of each period of ten years under the conditions laid down in this article.
Article 14 1.
The Director general of the international labour office shall notify all members of the International Labour Organization of the registration of all ratifications and denunciations that will be communicated to him by the members of the organization.
2. by notifying Members of the Organization to the registration of the second ratification which will have been communicated to him, the Director-general will draw the attention of the members of the Organization on the date on which this convention enters into force.
Article 15 the Director general of the international labour office shall communicate to the Secretary-General of the United Nations, for registration in accordance with article 102 of the Charter of the United Nations,
complete information about all ratifications and acts of denunciation that it will be registered in accordance with the preceding articles.
Article 16 each time that it deems necessary, the governing body of the international labour office will present to the General Conference a report on the implementation of this convention and will consider whether it is appropriate to include in the agenda of the Conference the question of its revision in whole or in part.
Article 17 1.
In the event that the Conference adopt a new convention on the total or partial revision of this convention, then, unless the new convention provides otherwise;
(a) the ratification by a member of the new revising convention would entail ipso jure, notwithstanding article 13 above, denunciation immediate of the present convention, subject to which the new revising convention has entered into force;
(b) from the date of the entry into force of the new revising convention, this convention would cease to be open to ratification by the members.
2. the convention would remain in force in its form and content pourles members which have ratified it and but have not ratified the convention revising.
Article 18 the French and English versions of the text of this convention are equally authentic.
The foregoing is the authentic text of the convention duly adopted by the General Conference of the international organization of work in its eighty-third session which was held at Geneva and declared closed on June 20, 1996.
In witness whereof have hereunto set their signatures, this twentieth day of June 1996.
Convention (No. 177) on homework list of bound States State Date of ratification Date of entry into force Albania 2002-07-24 07/24/2003 Argentina 31/07/2006-31/07/2007 Belgium 02 / 10 / 2012 02 / 10 / 2013 Bosnia and Herzegovina 18 / 01 / 2010 18 / 01 / 2011 Bulgaria 17 / 07 / 2009 17 / 07 / 2010 Former Yugoslav Republic of Macedonia 03 / 10 / 2012 03 / 10 / 2013 Finland 17 / 06 / 1998 22 / 04 / 2000 Ireland 22 / 04 / 1999-22 / 04 / 2000 Netherlands 31/10/2002 31/10/2003 Tajikistan 05-29-2012 29/05/2013