Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

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

Articles 3 and 5 of the Convention. National policy. The Committee takes due note of the Government’s first report. The Government indicates that the Act of 6 December 1996 amending the Act of 3 July 1978 regulates the legal situation of homeworkers. It also indicates that collective labour agreement No. 85 concluded on 9 November 2005 within the National Labour Council, further to the European framework agreement on telework of 16 July 2002, regulates all specific procedures relating to telework at home for the private sector. The Government further indicates that the Council of Ministers of 16 and 17 January 2004 decided to conduct an evaluation of the legal provisions relating to home work and the improvements to be made to the status of these workers. Nevertheless, no information has been provided on the conclusions reached as a result of this evaluation or on any implementation of a policy aimed at improving the situation of these workers further to the evaluation. The Committee requests the Government to send all relevant information on this matter in its next report.

Article 4(1). Equality of treatment – general rules. The Government points out in its report that the Act of 6 December 1996 concerning home work brought homeworkers into the scope of application of the Act of July 1978. Moreover, these workers were already covered by the Labour Act of 16 March 1971, the Act of 5 December 1968 concerning joint committees and collective labour agreements, and the Act of 12 April 1965 concerning the protection of workers’ pay. Furthermore, section 7(1) of collective agreement No. 85 stipulates that teleworkers in the private sector shall enjoy the same rights regarding conditions of work as comparable workers occupied on the employer’s premises. Nevertheless, in its additional report No. 89 of 30 September 2014, the National Labour Council observed that in reality homeworkers are not covered by the essential parts of the 1971 Labour Act. Section 3 of the aforementioned Act excludes homeworkers from the scope of application of chapter III (hours of work and rest), particularly section I (Sunday rest), section II (hours of work), section IV (night work), section V (observance of work schedules), section VI (rest intervals) and section VII (breaks). The Committee requests the Government to indicate the measures taken or contemplated to promote equality of treatment between homeworkers other than private sector teleworkers and other wage earners with regard to hours of work and rest.

Article 4(2)(c) and Article 7. Occupational safety and health. The Committee notes that the Act of 4 August 1996 concerning the welfare of workers during the performance of their work, which also applies to homeworkers, provides for the adoption of specific measures taking account of the particular situation of this category of workers. The Government indicates that, to date, no Royal Decree has been adopted concerning home work but that it is for employers to take the necessary measures to avoid, remove or reduce risks. The Committee notes that in principle it is for the Minister of Employment to draft a specific Royal Decree establishing particular rules for the welfare of homeworkers during the performance of their work, and in particular to determine, in collaboration with the prevention services and the committee representing the workers, which duties and tasks can be done at home. In addition, both collective agreement No. 85 (telework in the private sector) and the Royal Decree of 22 November 2006 (telework in the public sector) provide that the employer must inform the teleworker of the policy of the enterprise, in particular the requirements relating to display screens, and that the teleworker must apply the measures adopted by the employer. The Committee requests the Government to provide information on any developments concerning the adoption of specific measures taking account of the special characteristics of home work and determining the types of work and substances that are prohibited in home work, as required by Article 7 of the Convention.

Article 4(2)(d). Remuneration. The Government points out that homeworkers are included in the scope of application of the Act of 1965 concerning the protection of wages but does not provide any explanation concerning minimum wage fixing machinery applicable to homeworkers. According to the federal public service website, there are two systems of remuneration for homeworkers: homeworkers paid a flat rate and homeworkers who are not paid a flat rate but on the basis of each task, piece work, tips or commission. In the first case, the guaranteed remuneration is calculated in the same way as for other workers but, in the second case, the guaranteed remuneration amounts to flat-rate remuneration calculated according to the legislation concerning holidays. The Committee requests the Government to indicate whether the wages of homeworkers, particularly homeworkers not paid at a flat rate, are subject to the same minimum wage fixing machinery as other workers and, if not, in what manner the application of this provision of the Convention is ensured.

Article 4(2)(f). Access to training. Collective agreement No. 85 of 2005 provides that teleworkers in the private sector have the same rights to training and career possibilities as comparable workers occupied on the employer’s premises and that they are subject to the same evaluation policies as these other workers. Nevertheless, the Government does not provide any information on other homeworkers, and the Labour Act of 16 March 1971 and the Employment Contract Act of 3 July 1978 do not contain any specific provisions on this point. The Committee requests the Government to indicate the measures taken or contemplated to promote equality of treatment between homeworkers other than private sector teleworkers and other wage earners with regard to access to training.