Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Forty-Hour Week Convention, 1935 (No. 47) - New Zealand (Ratification: 1938)

Article 1 of the Convention. Forty-hour week. The Committee notes that, in its observations on the application of the Convention, Business New Zealand (BNZ) confirmed the information contained in the Government’s report with regard to respect for the principle of the 40-hour week, as well as the validity of the statistical methods used. The organization concerned also noted, based on the statistics provided by the Government, that the number of employees working long hours has fallen substantially since 2001.

The Committee also notes the observations made by the New Zealand Council of Trade Unions (NZCTU), in which it repeats its comments made in 2003 concerning the discrepancy between the principle of the 40-hour week established in New Zealand and the reality that a significant proportion of employees regularly work more than 40 hours per week. The NZCTU recalls that section 11B of the Minimum Wage Act 1983, which provides that the hours of work shall not normally exceed 40 hours per week, excluding overtime, also provides that the parties may agree to set the working week at more than 40 hours. It emphasizes that this provision does not prevent employers from setting a working week of more than 40 hours as a condition of accepting a job. The NZCTU also mentions the issue of workload which causes employees to work unpaid overtime and the issue of low wages which oblige them to maintain two jobs at the same time. Furthermore, the NZCTU mentions a study carried out by the Victoria University of Wellington, according to which 33 per cent of collective agreements in the mining sector provide for a working week of more than 40 hours, while no hours of work are set in 64 per cent of collective agreements in the agricultural sector, in 64 per cent of agreements in the education sector, and in 75 per cent of agreements in the food retail sector. According to the NZCTU, since 2000, around 40 per cent of employees have been working Monday to Sunday, in particular those employed in agriculture, retail and hospitality, as well as some service sector employees. With regard to the public sector, the NZCTU refers to the Career Progression and Development Survey carried out in 2005 by the State Services Commission, according to which 68 per cent of public servants surveyed indicated that their actual hours of work were higher than the number of hours provided for in their employment contract, although this rate has dropped since 2000, when it stood at 76 per cent. The NZCTU welcomes a number of positive developments, in particular its collaboration with the Government on several initiatives, such as the “work–life balance” project and the adoption of the Act on flexible working arrangements with a view to easing the financial pressure pushing some employees to work long hours and sometimes maintain two jobs to meet their essential needs. However, the NZCTU maintains that there is still considerable work to be done before the principle of the 40-hour week becomes a reality for all workers. The Committee requests the Government to provide its comments in reply to the observations of the NZCTU.

The Committee is raising other points in a request addressed directly to the Government.