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

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

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.