Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

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

The Committee notes the observations made by the New Zealand Council of Trade Unions (NZCTU) concerning the lack of legislative provisions requiring a minimum 24-hour weekly rest, as well as the Government's reply to these comments. The Committee also notes the comments made by the New Zealand Employer's Federation regarding the flexibility in rest period arrangements. In this connection, the Government refers to section 11B of the Minimum Wage Act 1983 (added to the Act by section 10 of the 1991 Minimum Wage Amendment Act). Section 11B provides 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 not more than five days of the week. The Government further indicates that employment contracts agreed to by employees and employers provide for compensatory rest periods.

The Committee recalls that persons covered by the Convention are entitled to an uninterrupted weekly rest period of not less than 24 consecutive hours, subject to exceptions allowed under Article 4 of the Convention. The Committee therefore requests the Government to supply a list of exceptions made under Article 4 and to indicate any consultations with the responsible associations of employers and workers which have occurred with regard to these exceptions. Furthermore, it requests the Government to indicate any provisions made in practice for compensatory rest periods in cases where such exceptions have been made, in conformity with Article 4.