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

Holidays with Pay Convention, 1936 (No. 52) - New Zealand (Ratification: 1950)

Article 8 of the Convention and Part III of the report form. In previous comments, the Committee referred to the observation made by the New Zealand Council of Trade Unions (NZCTU) concerning the transferral of responsiblity for enforcing awards and agreements from the Department of Labour to employers and unions. In its report, the Government indicates that labour inspectors continue to be able to prosecute both for the recovery of holiday pay due under the legislation and, at their discretion, for a penalty. Under legislation in force since 1987, all employees can also use the specialist labour legislation institutions to enforce their employment contracts, and since 1991 under an amendment to section 35 of the Holidays Act inspectors too may take this course. It states that the added workload of the inspectorate led to an increase in their resources in August 1991, and it provides figures relating to their enforcement of holiday provisions.

The Committee hopes the Government will continue to provide information on the operation of these enforcement provisions.