Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Home Work Convention, 1996 (No. 177) - Netherlands (Ratification: 2002)

Article 3 of the Convention. National policy on home work. Further to its previous comment on this point, the Committee notes the Government’s reply that because homeworkers are often persons enjoying the same protection as employees in an enterprise, no separate policy is required to offer them the protection resulting from the Convention. It is of the view, however, that this statement risks to be an oversimplification of the purpose of the Convention. The Committee draws the Government’s attention to the clear obligation arising from this Article of the Convention to adopt, implement and periodically review, in consultation with the social partners including organizations concerned with homeworkers and those of employers of homeworkers, a national policy on home work which, even though may not necessarily be a separate sectoral policy or result in the adoption of exclusive legislation applicable only to home work, should nonetheless directly focus and impact on the employment and working conditions of homeworkers. The Committee welcomes the Government’s intention to follow the development of homeworking closely as well as its preparedness to initiate further research and develop policy initiatives, if necessary. It also notes the Government’s indications that there are sufficient opportunities for tripartite consultations on this issue, including the Joint Industrial Labour Council (STAR), the Social Economic Council (SER) and the regular quarterly consultations on ILO Conventions. The Committee accordingly requests the Government to provide in its next report full particulars on measures taken or envisaged to adopt and implement a home work policy, it being understood that such a policy may well be elaborated within the context of other labour policies.

Article 4. Equality of treatment between homeworkers and other wage earners. The Committee notes the Government’s explanations concerning the protection afforded to homeworkers in relation to the right to organize, non‑discrimination, occupational safety and health, remuneration and social security protection. As regards maternity protection, the Committee understands that homeworkers are not entitled to maternity leave and childbirth benefits since it is thought that they enjoy more opportunities than on-site employees to arrange work–family priorities according to their needs and preferences. The Committee observes that the Government’s explanations are not very clear on this point. It therefore requests the Government to further clarify how the exclusion of homeworkers from the coverage of the legislation on maternity protection may be deemed consonant with the requirements of this Article of the Convention.

Article 7. Occupational safety and health. The Committee once again requests the Government to indicate whether national laws and regulations have established the conditions under which certain types of work and the use of certain substances is prohibited in home work for reasons of safety and health, as required by this Article of the Convention.

Article 9. Inspection system. The Committee notes the Government’s indication that the health and safety inspectorate does not carry out any active inspections with respect to home work – because of the fact that homeworkers are difficult to trace – and, therefore, can only respond to complaints filed by homeworkers. The Committee recalls, however, that the Convention requires a system of inspection and sanctions to ensure compliance with the laws and regulations applicable to home work, especially in view of the fact that homeworkers are often dispersed and isolated and thus less able to invoke for themselves the traditional mechanisms of control. The Committee therefore requests the Government to supply information on any specific measures designed to improve the supervision of the implementation of the national labour legislation with respect to homeworkers.

Part V of the report form. Application in practice. The Committee notes the statistical information concerning the evolution of the number of homeworkers in the period 2004–07. The Committee would be grateful if the Government would continue providing information on the manner in which the Convention is applied in practice including, for instance, up to date statistics on the number of workers covered by the measures giving effect to the Convention, inspection results, copies of relevant collective agreements, surveys on employment trends in home work and telework, etc.