§ 491-11. Home-worker's certificate
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 43 P.S. Labor
43 P.S. § 491-11
§ 491-11. Home-worker's certificate
(a) Every person desiring to engage in industrial homework within this Commonwealth must procure from the department a home-worker's certificate, which shall be issued without cost and which shall be valid for a period of one year from the date of its issuance, unless sooner revoked or suspended by action of the department or, under subsection (f) of this section, automatically. Application for such certificate shall be made in such form as the department may by regulation prescribe and must be remade each year. Such certificate shall be valid only for work performed by the applicant himself in his own home, and in accordance with the provisions of this act.
(c) It shall be the duty of each applicant for a home-worker's certificate to prove his eligibility for a certificate by presenting evidence of handicap or illness of himself or illness or handicap of a family member sufficient to prove to the department that he qualifies for a home-worker's certificate under one of the exceptions set forth in subsection (b)(3) of this section. The department shall be empowered to require any applicant for a home-worker's certificate, or any family member of any applicant for a home-worker's certificate upon whose illness an applicant is relying in order to obtain a certificate, to submit to a medical examination by a physician of the department's choosing in order to aid the department in making a decision on whether or not to issue a certificate.
(d) Whenever a physical examination by a physician is necessary, in order for a person to qualify for or to retain a home-worker's certificate, if the person is working, or has been promised work on the condition that he obtain a home-worker's certificate, it shall be the duty of the employer, representative contractor, or contractor for which the person is working or by which the person has been promised work, to pay the cost of the physical examination.
(g) The department may revoke, or suspend any home-worker's certificate if it finds that the holder is performing industrial homework contrary to the conditions under which the certificate was issued, or to any provision of this act, or has permitted any person not holding a valid home-worker's certificate to assist him in performing his industrial homework or has obtained the certificate through fraud or misrepresentation.
(i) Notwithstanding any provisions of this act to the contrary, a special home-worker's certificate may be issued to a person who does not qualify for a certificate under subsections (b)(3) and (c) if the person meets the other qualifications of subsection (b) and if the person has been employed fulltime for a period of at least six months in the manufacture of shoes, and is unable to continue his factory employment, if the following conditions are met:
A certificate issued under authority of this subsection shall bear a mark indicating that it permits its holder to engage in homework only in the shoe manufacturing industry. The provisions of this act shall govern the issuance and use of a special home-worker's certificate insofar as they do not conflict with this subsection. The use of a special home-worker's certificate in violation of this act shall automatically revoke the certificate.
(j) Notwithstanding any provisions of this act to the contrary, a special home-worker's certificate may be issued to a person who does not qualify for a certificate under subsections (b)(3) and (c) if the person meets the other qualifications of subsection (b), has been employed fulltime for a period of at least one month in the manufacture of brushes, is unable to continue his factory employment, and if the following conditions are met:
A certificate issued pursuant to this subsection shall bear a mark indicating that it permits its holder to engage in homework only in the brush manufacturing industry. The provisions of this act shall govern the issuance and use of a special home-worker's certificate insofar as they do not conflict with this subsection. The use of a special home-worker's certificate in violation of this act shall automatically revoke the certificate.
Credits
1937, May 18, P.L. 665, § 11. Amended 1976, Nov. 24, P.L. 1196, No. 263, § 3.
43 P.S. § 491-11, PA ST 43 P.S. § 491-11
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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