Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

Weekly Rest (Industry) Convention, 1921 (No. 14) - New Zealand (Ratification: 1938)

In its previous direct request, the Committee noted the comments of the New Zealand Council of Trade Unions (NZCTU) that the effect of section 172 of the Labour Relations Act of 1987 was that workers' protection was opened to negotiation, when the principle of weekly rest could be traded off for basic standard-of-living provisions. In its latest comments, the NZCTU has reaffirmed its views: it states that under the Employment Contracts Act, 1991, workers and employers may negotiate whatever working hours they wish; and that in a weak economy, where the workers' bargaining position is weak and access to unemployment benefit is limited, workers have to accept the hours offered or remain unemployed, so that the requirements for weekly rest are no more than a hope expressed by the Government and the Convention is not being honoured.

The Government states that the standard working week continues to be 40 hours and five days, generally running from Monday to Friday, and that this exceeds the standards set in Articles 1 and 2 of the Convention. Different arrangements have been negotiated by some employers and employees, however, and this is considered compatible with Article 4. The Government has no evidence of any employment contracts inconsistent with the Convention.

The Committee notes that the 1987 Labour Relations Act (section 172 of which referred specifically to not working on Saturdays or Sundays) has now been repealed and that section 10 of the 1991 Minimum Wage Amendment Act states that, where the maximum working hours (exclusive of overtime) fixed by an employment contract are not more than 40, the parties should endeavour to fix daily hours so that they are worked on not more than five days of the week. It recalls that under Article 2 there should be a minimum 24-hour weekly rest granted wherever possible to the whole staff of an undertaking at the same time and on the traditional or customary days. It would be grateful if the Government would include in future reports the information requested in the report form concerning total and partial exceptions made under Articles 3 and 4 and arrangements made for compensatory rest (see under Articles 5 and 6 and point V of the report form).