Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the Government’s report and the information supplied in answer to its previous direct request. It also notes the comments made by the New Zealand Employers Federation (NZEF) and the New Zealand Council of Trade Unions (NZCTU) enclosed with the report.

The Government states that the Employment Relations Act, repealing the Employment Contracts Act, came into effect on 1 August 2000. The new Act improves support for freedom of association and imposes good faith in all collective bargaining, which will have an impact on hours of work and rest periods amongst other things. In this connection the Government states that, according to the figures provided by the Department of Labour, 44 per cent of the collective labour agreements in force involving enterprises with more than 20 workers specify a distribution of working hours over five days, 7 per cent over six days and 20 per cent over seven days. The latter case of seven days applies only to certain activities, which are cited. Lastly, the Government states that few employees work seven days without a weekly rest period.

The NZCTU deplores the possibility of distributing hours of work across seven days, considering it to be an example of the general deterioration in conditions of work in the provisions of work contracts. The NZEF takes the view that implementation of the Employment Relations Act will make the situation of workers in small enterprises, who are excluded de facto from the scope of the Act, even more precarious. The NZEF also regrets that the Government has not always made specific provision for weekly rest, particularly for compensatory rest periods in the event of derogation, despite the Committee’s comments. In its reply the Government acknowledges that no provision is made for compensatory rest. It adds that most collective contracts allow remuneration in lieu of rest.

With reference to its previous comments, the Committee wishes to recall once again that the persons to whom this Convention applies are entitled, subject to the exceptions provided for in Article 4 of the Convention, to an uninterrupted weekly rest period of not less than 24 consecutive hours. It therefore once again draws the Government’s attention to the need to make specific provision for compensatory periods of rest for any suspensions or diminutions made, pursuant to Article 5. It also asks the Government to continue to provide information on the practical application of the Convention, as required by Part V of the report form.