What is the national legislation
1. For the purposes of this recommendation
3. (1) Each Member should designate a body or bodies, in accordance with national law and practice, to be entrusted with the determination and implementation of the national homework policy referred to in Article 3 of the Convention.
(2) As far as possible, tripartite bodies or associations of employers and workers should be consulted in the definition and implementation of this national policy.
(3) If associations that deal with homeworkers or associations of employers of homeworkers do not exist, the body (s) mentioned in sub-paragraph (1) should take appropriate measures to give these workers and employers the opportunity to give their opinion on this national policy and the measures taken to implement it.
4. Extensive information, including data broken down by gender, on the extent and characteristics of homework should be compiled and kept up-to-date, which will serve as the basis for national homework policies and the measures taken to implement them. This information should be published and made publicly available.
5. (1) A homeworker should be kept informed of his particular conditions of employment in writing or in any other appropriate manner consistent with national law and practice.
(2) This information should in particular contain the following:
6. The competent authority at national level and, depending on the circumstances, regional, sectoral or local level should provide for the registration of homeworkers' employers and any intermediaries employed by such employers. To this end, it should specify the information that employers should submit to it or keep at its disposal.
7. (1) Employers should be obliged to notify the competent authority of the first assignment of home work.
(2) Employers should keep a gender list of all homeworkers to whom they subcontract work.
(3) Employers should also keep a list of work outsourced to homeworkers, showing:
(4) The homeworker should be sent a copy of the list referred to in sub-paragraph (3).
8. To the extent compatible with national privacy law and practice, labor inspectors or other homework enforcement officers should be empowered to enter parts of the home or other private premises where work is carried out is carried out.
9. In the event of serious or repeated violations of homework legislation, appropriate action should be taken in accordance with national law and practice, including the possible ban on homeworking.
10. National legislation on the minimum age for admission to employment or work should apply to home work.
11. Legal or administrative restrictions or other hindrances
should be identified and eliminated.
12. Measures should be taken to promote collective bargaining as a means of defining the terms and conditions of employment of homeworkers.
13. Minimum pay rates for homeworking should be established in accordance with national law and practice.
14. (1) The remuneration rates of homeworkers should preferably be set by collective bargaining or, in the absence of such bargaining, by
19. The competent authority should ensure the dissemination of guidelines on the health and safety rules and precautions to be observed by employers and homeworkers. As far as practicable, these guidelines should be translated into languages understood by homeworkers.
20. Employers should be obliged to:
21. Homeworkers should be obliged to:
22. (1) A homeworker who refuses to perform work which he has reasonable cause to believe poses an imminent and serious threat to his safety or health should avoid unjustified consequences in a manner appropriate to national circumstances and practice to be protected. The homeworker should immediately report the matter to the employer
23. A work assignment completion date should not be set in such a way that a homeworker is prevented from taking daily and weekly rest periods comparable to those of other workers.
24. National legislation should establish the conditions under which homeworkers, like other workers, should be entitled to paid holidays, paid annual leave and sick leave pay.
25. Homeworkers should be protected by social security. This could be done by:
26. National maternity protection legislation should apply to homeworkers.
27. Homeworkers should enjoy the same protection as other workers with regard to termination of employment.
28. The competent authority should ensure that there are facilities for the settlement of disputes between a homeworker and an employer or any intermediary employed by the employer.
29. (1) Each member, in cooperation with employers 'and workers' organizations, should promote and support programs which
30. As far as practicable, information on the rights and protection of homeworkers and employers' obligations towards homeworkers and the programs referred to in paragraph 29 should be provided in languages understood by homeworkers.
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