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2002-10-28 13:36:40, 조회 : 49 |
Recommendations from the Asian Regional Workshop for the ILO Convention
Recommendations covered the following points:
1. Definitions
(a) the term "home-based work" should mean work carried out by a person, to be referred to as home-based worker,
(i) in his or her home or in other premises [not being the premises under the control and management of the employer] he or she has chosen;
(ii) for remuneration;
(iii) which results in a product or service as specified by the employer, whether the equipment, materials or other inputs used are provided by this person, the employer or the intermediary,
and includes a person who works on his or her own account with or without the help of the family and who does not employ other workers.
(b) the term "employer" should mean a person, natural or legal, who, either directly or through an intermediary, gives out home-based work.
(c) the term "intermediary" means a person who undertakes to produce for the employer a given result by executing the work through a home-based worker or home-based workers and includes any further intermediaries under him or her.
2. Social Protections
Social protection should meet all the needs of the individuals which cannot be met by their own efforts or out of their own resources. The primary need is for an income which is adequate to meet the basic needs of the persons. In the case of a person who is able to work, this need can be met by providing him or her with work. In the case of home-based workers who already have some kind of work but lack the assurance of a regular income, a mechanism has to be created by which they may be assured of regular income, a mechanism has to be created by which they may be assured of regular income on a continuing basis. One of the ways of providing work to those who are unemployed or under-employment to supplement the income they earn by working for another employer.
Work sheds should be built for the workers to work in more congenial environment. There should be an unemployment insurance scheme to provide means of livelihood when a person is thrown out of employment for no fault of his or her own until he or she secures alternative employment.
The worker should be assured of wages adequate for a decent living in accordance with the principle of equal pay for equal work by collective bargaining through trade unions or any other organization acting on behalf of the workers.
The following other benefits should also be provided:
1. Preventive and curative health care during illness, accidents, maternity and occupational disease
2. Disability benefit
3. Old-age benefit
4. Maternity benefit
5. Provident fund
6. Survivors' benefit
As most of the home-based workers are women with family responsibilities, day-care centres should be established at convenient locations for looking after the children of working mothers.
Children should not be allowed to work. Facilities should be provided for their education. They should also be paid scholarships.
Bonus or gratuity should be paid to the workers on the basis of the number of years of service rendered.
Home-based workers should be given preference for regular employment whenever vacancy arises in the order of seniority.
Home-based workers should be provided with subsidised housing or assistance in building their own houses.
Provision of these benefits will involve heavy cost. The cost of providing these benefits can be met from contributions from all the three parties, the government making up any deficit.
An autonomous organisation with participation of beneficiaries may be set up for administration of these schemes. Alternatively co-operatives may be formed in the nature of mutual benefit societies whereby each member makes a contribution for the benefit of all.
3. Implementation and tripartite mechanism
. In order to protect homebased workers from poverty disease and illiteracy and to eliminate the prevailing bonded labour and child labour conditions and migration to improve their quality of life and to reduce the disparity between organised and unorganised sector, it is necessary for each country to constitute an authority categorywise at National, Regional, and Local levels, tripartite in character to enable workers involvement at the level of implementation.
. The authority will perform the following functions :
1) Compulsory registration of employers and workers
2) Regulation of employment
3) Wage determination, revision, monitoring
4) Inspection, and enforcement of occupational health and safety measures
5) To institute and collect levy for purposes of social security and welfare
6) Delivery of social security and welfare
7) Dispute resolution
8) Promotion of co-operatives
. The authority would be tripartite in character, with workers' representative democratically elected by registered workers and with proportional representation of women
. Devolution of powers and resources to local regional and sectoral levels should be ensured
. In the cases of repeated violations of occupational health and safety and other legal stipulations by employers, the authority would encourage and assist the workers to constitute co-operatives and take over the units and run them viably.
. The authority may also be empowered to evolve policies for protection of home-based sector especially in traditional industries in the context of the globalisation and structural adjustment with a view to protect the employment of home-based workers, the majority of whom are women.
. Each country shall legislate suitably for the constitution of the authority and for the fulfillment of the above objects.
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