Demande directe (CEACR) - adoptée 2014, publiée 104ème session CIT (2015)

Convention (n° 177) sur le travail à domicile, 1996 - Macédoine du Nord (Ratification: 2012)

Autre commentaire sur C177

Demande directe

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2014

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Article 4(2)(e) and (f). Social security protection and access to training. The Committee notes the Government’s first report, which indicates that homeworkers are covered by the Labour Relations Act of the Former Yugoslav Republic of Macedonia (Official Gazette of the Republic of Macedonia No. 34 of 17 February 2014), and in particular by the specific provisions regarding homework laid down in sections 50, 51 and 52 of the Labour Act. The Committee notes, however, that the Government’s report is silent on social security protection as well as on access to training. According to Article 4(2)(e) of the Convention, the national policy on home work should promote, as far as possible, equality of treatment between homeworkers and other wage earners in relation to statutory social protection. Moreover, according to Article 4(2)(f) of the Convention, equality of treatment should be promoted in relation to access to training. The Committee therefore requests the Government to indicate how effect is given to Article 4(2)(e) and 4(2)(f) of the Convention.

Article 7. Occupational safety and health. The Committee notes the Government’s indication that the labour inspector could prohibit the employer to organize home work if the home work is harmful for the employees or for the living and working environment of the workplace. It further notes the Government’s indication that certain types of work could be prohibited in home work by law or other regulations. It also notes that these provisions are laid down in section 51 and 52 of the Labour Act. It notes, however, that the Government has supplied no information with respect to the measures which apply to the provision that national laws and regulations on safety and health at work should apply to home work, taking account of its special characteristics. The Committee requests the Government to provide information on how effect is given to this provision and to specify the measures undertaken on this point.

Article 8. Use of intermediaries. The Committee notes the Government’s indication that if a worker is transferred for carrying out temporary work, the temporary employment agency and the employer conclude an employee transfer agreement. It further notes the Government’s specification of the content of this agreement (such as data, qualifications, period, place, type of work etc.). Moreover, it notes the Government’s indication that, in accordance with the employee transfer agreement, the temporary employment agency should conclude an employment agreement with the worker who shall be transferred to the employer. According to Article 8 of the Convention, the respective responsibilities of employers and intermediaries should be determined by laws and regulations or by court decisions, in accordance with national practice, where the use of intermediaries in home work is permitted. The Committee notes, however, that the Government did not provide information as to whether mediation is permitted for the purpose of finding jobs in homeworking. The Committee therefore requests the Government to provide information as to whether this is permitted, and if so, how it is regulated.