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

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

The Committee notes the detailed report sent by the Government and the information supplied in answer to its previous comments. It also notes the observations made by the New Zealand Employers’ Federation (NZEF) and the New Zealand Confederation of Trade Unions (NZCTU) sent with the report.

The Committee recalls that its previous comments addressed section 12(1A) of the Holidays Act, 1981, which provides that, where the employer fails to allow the employee to take the leave or any part of it within 12 months of becoming entitled to it, the employer is bound to grant the leave and the employee’s entitlement to it does not cease until it is allowed. In view of the information supplied by the Government and the NZEF on this point, the Committee wishes to recall that, according to Article 2, paragraph 4, of the Convention, only the part of the paid annual leave which exceeds the minimum prescribed in Article 2, paragraphs 1 and 2, may be postponed. It hopes that the Government will take account of these comments in the review it intends to conduct of the legislation on holidays in cooperation with the social partners.