International Labour Standards: Atypical Forms of Work and Conventions Explained

International Labour Standards and Atypical Forms of Work Alain Pelc Senior International Labour Standards and Labour Law Specialist ILO Bangkok DWT

Atypical Forms of Work First appearance of atypical forms of dependent work in the Maternity Protection Convention, 2000 (No. 183), to ensure the widest possible scope to the protection of the Convention. A long previous history of instruments adopted over the years with provisions prohibiting or limiting subcontracting or loan of workers, usually in relation to persons at risk of exploitation because of their limited or suppressed freedom of movement: indigenous workers, workers in plantations or, in the context of the abolition of forced labour, prison convicts or military conscripts.

Part-Time Work Convention (No. 177) and Recommendation (No. 184), 1993 Equality of treatment with full-time workers in respect of employment conditions, right to organize, occupational safety and health, protection against discrimination, access to social security, etc. Measures to promote free choice of part-time work and to ensure that transfer from full-time to part-time work or vice versa is voluntary.

Home Work Convention (No. 175) and Recommendation (No. 182), 1996 Define home work as a work carried out by a worker, in his or her home or in other premises of their choice, other than the workplace of the employer; for remuneration; and which results in a product or service as specified by the employer, irrespective of who provides the equipment, materials or other inputs used.

Home Work Convention (No. 175) and Recommendation (No. 182), 1996 Require a national policy on home work to promote equality of treatment between homeworkers and other wage earners, taking into account the special characteristics of home work and conditions applicable to the same or a similar type of work carried out in an enterprise; a system of inspection to ensure compliance with the laws and regulations applicable to home work; and adequate remedies and penalties in case of violation of these laws and regulations.

Private Employment Agencies Convention (No. 181) and Recommendation (No. 188), 1997 Cover services consisting of employing workers with a view to making them available to a third party the user enterprise , which assigns their tasks and supervise the execution of these tasks Require measures to determine and allocate the respective responsibilities of the agencies and user enterprises in relation to: collective bargaining; minimum wages; working time and other working conditions; statutory social benefits; access to training; occupational safety and health; compensation in case of insolvency and protection of workers claims; maternity protection and parental protection and benefits

Employment Relationship Recommendation, 2006 (No. 198) Requires a national policy to review, clarify and adapt legislation to guarantee the effective protection of workers in an employment relationship. The policy should: provide guidance to employers and workers on the distinction between employed and self-employed workers; include measures to combat disguised employment relationships, situations that have the effect of depriving workers of protection; ensure standards applicable to all forms of contractual arrangements, including those involving multiple parties. In doing so, the national policy should not interfere with true civil and commercial relationships.

Employment Relationship Recommendation, 2006 (No. 198) The determination of the existence of an employment relationship should primarily be guided by facts relating to the performance of work and the remuneration of the worker, notwithstanding how the relationship is characterized or agreed between the parties. Methods for that determination could include: allowing a broad range of means of determination; provide for a legal presumption that an employment relationship exists when one or more relevant indicators are present; or determining that certain workers or in certain sectors must be considered as either employed or self-employed.

Employment Relationship Recommendation, 2006 (No. 198) Possible indicators of the existence of an employment relationship could relate to conditions of work performance: work is carried out according to instructions and under the control of a third party; it involves integration in an enterprise; it is performed solely or mainly for the benefit of another person, it is carried out within specific working hours or at a workplace specified or agreed by the party requesting the work; it is of a particular duration and has a certain continuity; it requires the worker s availability; or it involves the provision of tools, materials and machinery by the party requesting the work

Employment Relationship Recommendation, 2006 (No. 198) Possible indicators of the existence of an employment relationship could relate to payment: its periodic character; a remuneration that constitute the sole or principal source of income of the worker; the provision of payment in kind, such as food, lodging or transport; the recognition of entitlements such as weekly rest or annual leave; the payment by the requesting party for travel undertaken by the worker to carry out the work; or the absence of financial risk for the worker.

Thank you pelce@ilo.org For more information on international labour standards: www.ilo.org/global/standards/lang--en/index.htm and the ILO in the Asia-Pacific region: www.ilo.org/asia