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Home Work Convention, 1996 (No. 177) - Belgium (RATIFICATION: 2012)

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Articles 3 and 5 of the Convention. National policy. The Committee notes the measures affecting homeworkers at federal and regional level. At federal level, the Government again refers to the Royal Order of 22 November 2006 in the public administration. At regional level, for Flanders, the Government indicates that circular VR 2021/KKBJ/BZ/1 of 16 July 2021 on hybrid work replaces circular BZ 2014/3 of 16 May 2014 on work without specified hours of work or place. Section VII 109 of the Flemish Staff Regulations now provides that managers shall provide necessary resources to workers having recourse to hybrid work and shall decide if these resources shall be payable by the employer. The Government adds that the Flemish Minister for the Economy, Employment, the Social Economy and Agriculture has launched a plan for telework in the private sector. With regard to the French Community Commission, the Government indicates that Order 2016/1043 on teleworking in the public service is under revision for alignment with current practice. Regarding the Brussels-Capital Region, the Government mentions the adoption of the Order of 26 January 2017 regarding teleworking in the public sector. Concerning the evaluation of Belgian National Labour Policy on homeworking, the Committee notes that the Government indicates that an evaluation of teleworking was requested in July 2020, and is currently before the National Labour Council (CNT). The Committee requests the Government to continue to provide updated information on the manner in which national policy on homeworking is implemented. The Committee also requests the Government to keep it informed of the results of the evaluations of this policy, especially regarding the evaluation concerning teleworking (begun in 2020) as well as the evaluation of homeworking which the Government previously indicated was launched in 2004.

Article 4(1). Equality of treatment. The Government reports that there is no amendment to the regulations on equality in the context of home work. The Committee recalls that in its previous comment it noted that the Labour Act of 16 March 1971 excludes homeworkers from the scope of application of the chapters on hours of work and provides for the possibility for the social partners to meet within the joint bodies and request the King to make the provisions on hours of work and hours of rest applicable to homeworkers. The Committee also noted that no proposal in this regard has been put forward by the social partners but that, in certain joint commissions, collective labour agreements establish the same hours of work for such homeworkers as for other workers. In light of the above, the Committee requests the Government to indicate in its next reports all developments in the manner in which homeworkers’ hours of work are regulated to guarantee the principle of equality of treatment established by the Convention, taking account of the particular characteristics of home work and, where appropriate, the conditions applicable to an identical or similar type of work performed in an enterprise.

Articles 4(2)(c) and 7. Occupational safety and health. With respect to the private sector, the Government indicates that the Code on Welfare at Work requires an analysis of the psychosocial, ergonomic and health and safety hazards for each post, including in case of telework. Based on this analysis, appropriate preventive measures must be put in place. Regarding the federal entities, the Government states that, in Flanders, circular 2021/KKBJ/BZ obliges the employer to take measures to promote the physical and mental wellbeing of teleworkers, following the general principles set out in the abovementioned Code on Welfare at Work. With respect to the Brussels-Capital Region, the Government indicates that, in conformity with the provisions of the Order of 26 January 2017, the employer shall inform the teleworker of the protection and prevention measures in force, in particular with regard to viewing screens. Recalling that recognition of the right of all workers to a safe and healthy work environment is a fundamental right at work, the Committee requests the Government to continue to communicate information on the manner in which homeworkers’ protection is ensured and to communicate information on the impact of the above measures. The Committee also requests the Government to communicate information on the number of inspections conducted in premises where home work is performed.

Article 4(2)(d). Remuneration. The Committee notes the information communicated by the Government in response to its previous request concerning equality of treatment between homeworkers and other workers with regard to remuneration.

Article 4(2)(f). Access to training. Noting with regret that the report provides no information in this regard, the Committee once again reiterates its request to the Government to indicate the measures taken or contemplated to promote equality of treatment between homeworkers, other than homeworkers in the private sector, and other paid employees with regard to access to training.

Article 6 and Part V of the report form. Statistics and application in practice.The Committee notes the statistics provided by the Government in response to its previous request and requests it to continue to provide information relative to the application of the Convention in practice, including statistics on the number of workers covered by the Convention, if possible disaggregated by sex and region.