Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Employment Service Convention, 1948 (No. 88) - New Zealand (Ratification: 1949)

The Committee notes the detailed information provided by the Government in its report, including the observations made by Business New Zealand and the New Zealand Council of Trade Unions (NZCTU).

Articles 1 and 3 of the Convention. Contribution of the employment service to employment promotion. The Government indicates in its report that, to support welfare reform policy changes, Work and Income (the public employment service) introduced a new service delivery model with different levels of support based on people’s expected patterns of future benefit receipt. Job Streams, a business-focused consolidated package of employment programmes, complemented these reform changes. It also indicates that the Canterbury Skills and Employment Hub, inaugurated in 2012, provides job-matching, information-sharing and immigration facilitation services to help jobseekers obtain employment opportunities in the Canterbury region which was affected by the earthquake in 2011. It adds that RecruitMe, an employment service tool for recording jobseekers’ profiles and matching jobseekers to employment opportunities, was introduced in 2013. The NZCTU points out that there are major political changes in the nature of the employment services being offered and an independent evaluation on the impact of these changes is needed. It also indicates that the “work first” approach and the use of financial sanctions against failures to get employment are two key features of the welfare reforms, and expresses its concern on the fact that these reforms are focused on reducing the number of beneficiaries rather than on the quality and sustainability of employment. The Committee requests the Government to continue to provide information on the measures taken to achieve the best possible organization of the employment market and the results of the measures implemented, including the impact of the welfare reforms on the quality of employment services and employment promotion.

Articles 4 and 5. Cooperation of employers’ and workers’ representatives. The Government reiterates that advisory committees may be established for specific projects when it is required. It indicates that the Welfare Working Group, an expert advisory group, has consulted a wide range of people on the welfare reforms. Moreover, the Work and Income Board provided advice to the Ministry of Social Development on the implementation of initiatives under the investment approach. The NZCTU indicates that the meetings which have taken place between the Government and the social partners did not amount to the consultation through advisory committees required by the Convention; rather, it functioned as a way of providing information. Business New Zealand refers to the greater effort being made to link training in educational institutions to the needs of employers. It points out, however, that school leavers and students of tertiary education have difficulties accommodating themselves to workplace requirements and there is also concern that some subjects studied and courses taken are unlikely to lead to gainful employment. Taking into account the observations of the social partners, the Committee requests the Government to indicate how consultations are held with regard to the matters covered by the Convention.

Article 6(b)(iv) and (c). Migrant workers. The NZCTU refers to the growing concerns about the lack of employment protection for migrant workers. The Government indicates in this regard that migrant workers with the Essential Skills visa are supposed to work on a temporary basis to fill identified skills shortages where citizens are not available. Skilled migrants are able to gain residence under the Skilled Migrant Category. It also indicates that a comprehensive programme for migrant workers is under way, including educating migrant workers on their rights and improving the investigation and sanctions relating to the exploitation of migrant workers. The Committee requests the Government to provide information on the measures taken to facilitate any movement of workers from one country to another.