Convention concerning Home Work (ILO Home Work Convention, 1996 (No. 177))

Home Work Convention, 1996 (No. 177), Geneva, 83rd ILC session (20 Jun 1996), entry into force: 22 Apr 2000.
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Year of adoption: 1996
Year of entry into force: 2000
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Excerpts

Article 1
For the purposes of this Convention:

(a) the term home work means work carried out by a person, to be referred to as a homeworker,
(i) in his or her home or in other premises of his or her choice, other than the workplace of the employer;
(ii) for remuneration;
(iii) which results in a product or service as specified by the employer, irrespective of who provides the equipment, materials or other inputs used,
unless this person has the degree of autonomy and of economic independence necessary to be considered an independent worker under national laws, regulations or court decisions;

(b) persons with employee status do not become homeworkers within the meaning of this Convention simply by occasionally performing their work as employees at home, rather than at their usual workplaces;
(c) the term employer means a person, natural or legal, who, either directly or through an intermediary, whether or not intermediaries are provided for in national legislation, gives out home work in pursuance of his or her business activity.

Article 4
1. The national policy on home work shall promote, as far as possible, equality of treatment between homeworkers and other wage earners, taking into account the special characteristics of home work and, where appropriate, conditions applicable to the same or a similar type of work carried out in an enterprise.
2. Equality of treatment shall be promoted, in particular, in relation to:
(a) the homeworkers’ right to establish or join organizations of their own choosing and to participate in the activities of such organizations;
(b) protection against discrimination in employment and occupation;
(c) protection in the field of occupational safety and health;
(d) remuneration;
(e) statutory social security protection;
(f) access to training;
(g) minimum age for admission to employment or work; and
(h) maternity protection.

Article 7
National laws and regulations on safety and health at work shall apply to home work, taking account of its special characteristics, and shall establish conditions under which certain types of work and the use of certain substances may be prohibited in home work for reasons of safety and health.

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