Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Repetition

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the information contained in the Government’s report received in September 2020.

Promotion of telework. The Committee notes that the confinement and social distancing measures imposed around the world to mitigate the global health impact of the COVID-19 pandemic have given new impetus to teleworking in many countries. In this context, the Committee notes that, according to the information available on the “ILO COVID-19 and the world of work: Country policy responses” portal, the Government introduced new work arrangements, including the option of teleworking for carrying out various tasks, under Law No. 231 of 18 March 2020.The Committee requests the Government to provide specific information regarding the scope and implementation of teleworking arrangements introduced in light of the COVID-19 pandemic, including statistical information on the number of workers who have had recourse to this teleworking modality, disaggregated by age, sex and sector. Recalling that teleworking can be a useful means to allow access to employment to certain people who sometimes face greater obstacles to accessing the labour market (such as young people, women, persons with disabilities and older people), the Committee requests the Government to provide information on the impact of the telework modality provided for in Law No. 231 on access to employment, including for persons belonging to groups in a disadvantaged position in relation to the labour market.

Articles 1, 3 and 5 of the Convention. Definition of homeworker. National policy on home work. The Committee takes note of the Law no. 136/2015 of 5 December 2015 modifying the Labour Code, Law no. 7961 of 12 July 1995 (hereinafter “the amended Labour Code”). It notes with interest the section 15 of the amended Labour Code entitled “Home based-employment and telework” which, according to the government’s indication, was amended in consultation with the social partners and incorporate the definitions of homework and homeworker set out in the Convention. The Committee notes that this provision refers to two types of employment contracts. According to section 15 (1), under home-based employment contracts, the employee performs the work at home or in any other place determined in agreement with the employer, according to the conditions agreed in the employment contract. In this respect, the Government points to the detailed rules of home-based employment contracts provided in the Decision of the Council of Ministers No. 255 of 25 March 1996 “On the home-based employment contract”. The Committee further notes that, according to section 12(2), under telework contracts the employee performs the work at home or in another place as determined in agreement with the employer, by using information technology during working hours, according to the conditions agreed in the employment contract.The Committee reiterates its request that the Government provide information on the steps taken, in consultation with the social partners to discuss the adoption and implementation of a national home work policy, having also regard to the requirements of Articles 4 and 9 of the Convention.

Article 4. Equality of treatment. The Committee notes that, according to section 15(3) of the amended Labour Code, all of its provisions apply to homeworkers, including those related to contract formalities, the obligations of the parties to the contract, employment protection, termination of employment and trade union rights. The Committee notes, however, that the Labour Code excludes homeworkers from the scope of provisions on weekly hours of work and rest, overtime hours, work on public holidays and night work, as well as from the scope of provisions that regulate the right to compensation, including for extra hours worked or hours worked on Sunday or so-called “red letter” days. The Committee takes note of the Government’s indication that this exclusion does not mean that homeworkers do not have hours of work and rest, but rather that homeworkers manage their working time independently based on the tasks assigned and their delivery deadlines, which must be set out in the contract. In this regard, the Committee takes note of section 15(4) of the amended Labour Code, which provides that conditions for employees working at home or teleworking cannot be less favourable than those of other employees who perform the same or comparable work. With respect to telework, the Government indicates that employers are obligated to take measures to facilitate teleworking, including by providing the employee with the computer equipment necessary to perform the work, preventing isolation of the employee and creating conditions for interaction with other employees. The Committee recalls that the amount of work and deadlines to complete an assignment should not deprive homeworkers of the possibility to have daily and weekly rest comparable to that enjoyed by other workers (Recommendation No. 184, Paragraph 23). Noting that the objective of the Convention is to improve the living and working conditions of homeworkers, the Committee wishes to draw the attention of the Government to its General Survey on Promoting Employment and Decent work in a changing landscape, paragraphs 584 and 638, in which it stressed the need to ensure that homeworkers receive adequate remuneration and work reasonable hours.The Committee requests the Government to provide information on specific measures taken or envisaged with a view to promoting equality of treatment between homeworkers and other workers in relation to the eight areas provided for in Article 4(2).

Articles 7 and 9. Occupational safety and health. Enforcement measures. The Government indicates that the Inspectorate identifies cases of violations of the rights of home-based employees through a system of inspections and sanctions.The Committee requests the Government to provide information on the adoption of specific measures ensuring that national laws and regulations on safety and health at work apply to homework, taking account of its special characteristics. The Committee also requests the Government to indicate the types of work and substances that are prohibited in home work, if any, as provided for in Article 7 of the Convention. In addition, the Committee requests the Government to provide information concerning the number and outcomes of inspections carried out in relation to homeworkers, infringements observed and sanctions imposed.