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

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

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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.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Articles 3 and 5 of the Convention. National policy. The Committee notes the legislative measures affecting homeworkers at the level of the federal authority, in the private sector, and at the level of the federal administration and the regional public services. With regard to the federal level, the Government once again refers to the Royal Order of 22 November 2006 (telework in the public sector). Concerning the regional level, it refers to the Order of the Walloon Government (AGW) of 7 April 2011 on telework for contractual and statutory employees in the public service in Wallonia, and to Circular BZ 2014/3 of 16 May 2014 (Circular BZ) on work with flexible hours performed outside the regular workplace in Flanders. In its previous comments, the Committee noted the Government’s indication that the Council of Ministers had decided to conduct an evaluation of the legal provisions relating to home work and the improvements to be made regarding the status of these workers. The Government indicates that this evaluation has not yet been carried out. The Committee requests the Government to continue to provide information on the national policy on home work and to keep it informed of any new developments concerning the evaluation of the legal provisions on the matter.

Article 4(1). Equality of treatment – general rules. The Government indicates that the Labour Act of 16 March 1971 excludes homeworkers from the scope of the chapters on hours of work and hours of rest, as homeworkers manage their working time independently and, given that the Labour Act is enforceable by penal sanctions, it is difficult to penalize employers as they do not have access to the place where the work is performed. However, the Government notes that section 3bis, which was introduced into the Labour Act of 16 March 1971, 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 notes that, to date, no proposal in this regard has been put forward by the social partners. The Government indicates that, in certain joint commissions that still recognize “traditional” home work, collective labour agreements establish the same hours of work for such homeworkers as for other workers. Regarding telework in the federal public administration, section 6 of the Royal Order of 22 November 2006 provides that teleworkers have the same rights and obligations as they would have during the hours worked on the employer’s premises. At the regional level, Circular BZ establishes that teleworkers in the administration in Flanders have the same rights as teleworkers outside the administration. The Committee requests the Government to continue to provide information on the measures taken with a view to promoting equality of treatment between homeworkers and other workers with regard to working conditions, such as hours of work and hours of rest.

Articles 4(2)(c) and 7. Occupational safety and health. Homeworkers are protected by the Act of 4 August 1996 on the welfare of workers during the performance of their work and by the Code on Welfare at Work. However, Title I on the basic requirements relating to workplaces in Book III of the Code is not applicable to homeworkers, as they work from home. With regard to industrial accidents, section 7 of the Act of 10 April 1971 enables homeworkers to avail themselves of their employer’s industrial accident insurance. The Committee notes that section 7 of the Royal Order of 22 November 2006 provides that the protection and prevention measures concerning occupational safety and health also apply to teleworkers. At the regional level, the AGW stipulates that employers must inform teleworkers of the protection and prevention measures in force concerning occupational safety and health, while Circular BZ provides for the measures necessary to promote the welfare of staff members who work in accordance with the concept of “new work”. The Committee requests the Government to provide information on any progress concerning the adoption of specific measures taking into account 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. In its previous comments, the Committee requested the Government to indicate whether the wages of homeworkers, particularly workers not paid at a flat rate, are subject to the same minimum wage fixing machinery as other workers. The Government indicates that no distinction is made between homeworkers and other workers with regard to minimum applicable wages and guaranteed remuneration in the event of illness. It also indicates that a distinction is made only between workers who are paid at a flat rate and workers who perform piecework, but that, in any case, workers who are not paid at a flat rate are at least entitled to the monthly average guaranteed minimum wage, in accordance with Collective Labour Agreement No. 43. Furthermore, homeworkers are entitled to a specific allowance to cover the costs of home work, in accordance with section 119.6 of the Act of 3 July 1978. The Committee notes that the AGW and Circular BZ stipulate that staff members who perform telework benefit from the same compensation plan as staff members who do not perform telework. The Committee requests the Government to continue to provide information on the manner in which equality of treatment in ensured between homeworkers and other workers with regard to remuneration in general.

Article 4(2)(f). Access to training. The Government indicates that the Act of 5 March 2017 regarding feasible and manageable work, which applies to all employers and workers falling within the scope of the Act of 5 December 1968 on collective labour agreements and joint commissions, requires all enterprises in the private sector to provide their workers with an average of five days of training per year. Homeworkers are therefore eligible for such training in the same way as all other paid employees. The AGW and Circular BZ stipulate that homeworkers have the same rights to training and career prospects as other workers. The Government continues to provide relevant information on the equality of treatment in access to training, though only for the private sector. The Committee requests 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 on the developments in telework in the federal public administration from 2013 to 2017, and in the public service in Wallonia. The Committee requests the Government to continue to provide information demonstrating the manner in which the Convention is applied in practice, in particular statistics on the number of workers covered by the Convention, if possible, disaggregated by sex, age and region.

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

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.