Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Holidays with Pay (Agriculture) Convention, 1952 (No. 101) - New Zealand (Ratification: 1953)

The Committee notes the observations made by the New Zealand Council of Trade Unions (NZCTU) concerning migrant workers in dairy farming (an estimated 5,000 seasonal workers a year from Kiribati, Tuvalu, the Solomon Islands but also the Philippines, India and Argentina) and the need to monitor their working conditions in order to minimize the risk of exploitation. In its reply, the Government indicates that the employment legislation applies to all workers, including migrant workers, without distinction.

Part V of the report form. The Committee notes the information provided by the Government concerning the evolution of the agricultural workforce in the period 2000–07. It would be grateful if the Government continued to provide up to date information on the practical application of the Convention, including, for instance, labour inspection results showing the number of contraventions of the relevant legislation observed and the sanctions imposed, copies of relevant collective agreements, etc.

The Committee takes this opportunity to recall that, based on the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body has decided that Convention No. 101 is an outdated instrument and consequently States parties to this Convention should be invited to denounce it and ratify at the same time the more recent Holidays with Pay Convention (Revised), 1970 (No. 132) (see GB.283/LILS/WP/PRS/1/2, paragraph 12). The acceptance of the obligations of Convention No. 132 in respect of employed persons in agriculture by a State party to Convention No. 101 involves the immediate denunciation of the latter. The ratification of Convention No. 132 appears to be all the more appropriate as the legislation of New Zealand, which provides for a four-week annual paid leave for all employees and all sectors of the national economy, is clearly more favourable than Convention No. 101 and reflects most of the provisions of Convention No. 132. The Committee requests the Government to keep the Office informed of any decision taken or envisaged concerning the possible ratification of Convention No. 132.