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

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

With reference to its previous comments, the Committee notes the information in the Government's report on the working of inspection and the system of sanctions established to ensure application of the provisions of the Convention. It would be grateful if the Government would continue to provide information on the practical application of these enforcement mechanisms (see Article 8 of the Convention and point III of the report form).

The Committee also notes the observations made by the New Zealand Council of Trade Unions (NZCTU) concerning the postponement of holidays pursuant to the Holidays Act, 1981, as well as the Government's reply to these comments. In this respect, the Committee observes that under section 12(1A) of the Holidays Act, 1981 (as amended in 1990), an employer may postpone within the 12-month period any holiday to which the worker is entitled and the worker's entitlement to that holiday shall not cease until it is allowed. The Committee recalls that, in accordance with the Convention, every person to whom the Convention applies, shall be entitled to an annual holiday of at least six working days (Article 2, paragraph 1, and Article 4 of the Convention) and that consequently, only part of the holiday which exceeds this minimum duration may be postponed (Article 2, paragraph 4). It therefore hopes that the Government will take the necessary measures in the near future to bring the legislation into conformity with the Convention on this point.