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

The Committee notes the Government’s first report on the application of the Convention and wishes to draw its attention to the following points.

Article 1(b) and (c) of the Convention. Definition. The Committee notes that Act No. 12.713 of 1941 concerning home work does not contain any strict definition of the term employer. It notes that, according to the Government’s indications, the employer produces or sells the goods and places orders for work with workers, foremen or intermediaries; the intermediary places orders for the production of the goods with foremen and homeworkers; and the foreman receives the raw materials from the employer or intermediary and orders the homeworkers under his supervision to produce the goods (finished products). The Committee notes that a draft law is under consideration for the modification of Act No. 12.713 of 1941. The Committee encourages the Government to include specific provisions defining the abovementioned terms when it draws up the new Act on home work.

Article 3. National policy. The Committee notes the Government’s indication that its policy to improve conditions of work for homeworkers is based on ongoing controls and inspections of employers, foremen and intermediaries who recruit homeworkers, and notes that the draft Act amending Act No. 12.713 currently under examination will enable the existing legal provisions to be modernized. It also notes the Government’s references to the draft Act on telework and the various planned programmes and projects, especially the pilot programme for the monitoring and promotion of telework in private enterprises (PROPET). The Committee requests the Government to send a copy of any new legislative text, once it has been adopted. With regard to the PROPET programme, the Committee requests the Government to supply further details on this subject, particularly as regards the impact of the programme on the conditions of work of homeworkers using new information and communication technologies, or any other information concerning projects that are in progress or planned.

Article 4, paragraph 2(c). Equality of treatment in relation to protection in the field of occupational safety and health. The Committee notes that, under section 9 of Act No. 12.713 concerning home work, the premises in which the work is done must meet health and safety conditions as determined by the competent authority. The Committee requests the Government to state whether specific safety and health standards have been determined by the authorities responsible for home work and, if so, to send a copy of any relevant legislative text.

Article 4, paragraph 2(e). Equality of treatment in relation to statutory social security protection. The Committee notes the Government’s reference to the draft Act concerning telework. It notes that no legislative or regulatory provision in force refers to equality of treatment between employees at the workplace and homeworkers as regards statutory social security protection. The Committee requests the Government to indicate the measures taken or contemplated to give effect to this Article of the Convention.

Article 4, paragraph 2(f). Equality of treatment in relation to access to training. The Committee notes the Government’s reference to the draft Act concerning telework on this point and also to the various projects concerning the training of workers, namely the “Youth training and employment” project, the “Teleworking skills” project and the “Competence certification” project. However, it notes that there is no legislative or regulatory provision in force which makes explicit reference to equality of treatment between employees at the workplace and homeworkers as regards their access to training. The Committee therefore requests the Government to indicate the measures taken or contemplated to give effect to this Article of the Convention.

Article 4, paragraph 2(h). Equality of treatment in relation to maternity protection. The Committee notes the reference made by the Government to maternity protection and in particular to sections 177–179 and 182 of Act No. 20.744 concerning employment contracts. However, apart from the provisions relating to maternity protection, the Government also refers to section 175 of Act No. 20.744 which prohibits women workers employed in company premises or outbuildings from being requested to perform work at home. The Committee observes that this provision has little relevance to maternity protection and therefore requests the Government to provide clarification on this matter.

Article 5. Application of the Convention by means of laws and regulations. The Committee requests the Government to supply a copy of Decree No. 118.755 of 1942 issuing implementing regulations for Act No. 12.713 of 1941 concerning home work, since the Decree has not been made available to the Office.

Article 6. Inclusion of home work in labour statistics. The Committee notes the statistics supplied by the Government relating to telework, estimating the number of teleworkers at 590,000. It recalls that telework represents only one type of home work and therefore requests the Government to indicate the measures taken or contemplated to include all homeworkers in labour statistics.

Article 7. Application of safety and health laws and regulations to homeworkers. The Committee requests the Government to indicate whether laws or regulations have been adopted establishing the conditions in which certain types of work and the use of certain substances may, for safety and health reasons, be prohibited for the purposes of home work, as prescribed by this Article of the Convention.

Part V of the report form. Application in practice. The Committee requests the Government to provide a general description of the manner in which the Convention is applied in practice and to state the manner in which the legal provisions relating to home work are enforced, as these are by definition difficult to monitor. The Government is also requested to send extracts from reports of the inspection services and, if possible, information on the number and nature of infringements reported.