Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Minimum Wage Fixing Machinery (Agriculture) Convention, 1951 (No. 99) - New Zealand (Ratification: 1952)

The Committee notes the Government’s report and the comments made by the New Zealand Council of Trade Unions (NZCTU). It notes, in particular, the Government’s explanations concerning the application of Article 2 of the Convention to the effect that, by virtue of the Minimum Wage Act 1983, the employer may not deduct more than 15 per cent of the worker’s wages for board, or more than 5 per cent for lodging, which means that the minimum gross amount after a deduction is made for accommodation is 95 per cent of the minimum wage or 85 per cent if board includes accommodation and meals.

In addition, the Committee notes that according to the NZCTU, the supervision and enforcement of minimum wage legislation, especially in rural areas, should continue to receive particular attention. The NZCTU welcomes the Government’s announced increase in the number of standards investigations in the last two years as it is important for workers to be able to see that labour standards are being effectively monitored. It refers, in this connection, to recent cases currently under investigation concerning alleged abusive practices against Thai workers in horticulture, including the payment of wages below the statutory minimum rate and excessive hours of work without days of weekly rest. The Committee would be grateful if the Government would provide additional information on the outcome of these investigations and, more generally, on current challenges and practices concerning pay rights of migrant and seasonal workers. The Committee would also appreciate receiving more detailed explanations on the newly developed Seasonal Employment Scheme and Seasonal Labour Strategy and their possible repercussions for the application of this Convention.

Article 5 of the Convention and Part V of the report form. The Committee notes the statistical information provided by the Government concerning labour inspection results in agriculture for the period 2005–07. It would appreciate if the Government would continue to supply up to date information on all aspects of the application of the Convention, both in terms of coverage and enforcement measures.

In addition, the Committee refers to the comments made under Convention No. 26.