Holidays and Employment Relations Bills - Holidays, Rest Breaks, Meal Breaks & Employment Issues

The following Bills have been considered by the Select Committee and will now pass back into parliament for their second readings.

The Transport and Industrial Relations Committee has examined the Holidays Amendment Bill and recommended by majority that it be passed with some amendments. The bill seeks to amend the Holidays Act 2003 (the principal Act) to improve the overall operation and efficiency of the Act.

• allow employees and employers to agree to the employer paying out up to one week of an employee's minimum entitlement to annual holidays at the employee's request.
• allow employers and employees to agree to transfer the observance of a public holiday to another working day.
• allow employers to direct when an alternative holiday would be taken, should the employer and employee not reach agreement.
• allow employers to request proof of sickness or injury within three consecutive calendar days of an employee taking sick leave, without first having reasonable grounds to suspect that the sick leave is not genuine.
• include a definition of discretionary payments in the principal Act.

These and other proposed changes seek to provide more choice for employees and employers, make the principal Act easier to understand and comply with, and improve the balance of fairness between employees and employers.

The Transport and Industrial Relations Committee has examined the Employment Relations (Rest Breaks and Meal Breaks) Amendment Bill and recommended by majority that it be passed with some amendments.

The bill amends Part 6D of the Employment Relations Act 2000 by removing the legislated minimums prescribed for rest breaks and meal breaks, and replacing them with a requiement for employers to:

• either provide meal breaks and paid rest breaks, or take compensatory measures.
• encourage employers and employees to agree in good faith on rest break and meal break arrangements.
• ease the requirements regarding the timing and the number and duration of breaks, in order to make the criteria for what constitutes a break more flexible.
• provide that rest and meal breaks can be subject to restrictions in certain circumstances.

The bill provides flexibility for employers and employees to agree on compensatory measures instead of a break, such as later start or earlier finish times, or time off at an alternative time.  Employer obligations under the Health and Safety in Employment Act 1992, which require employers to provide and maintain a safe working environment, will continue to apply.

The Transport and Industrial Relations Committee has examined the Employment Relations Amendment Bill (No. 2) and recommended by majority that it be passed with some amendments.

This bill seeks to amend the Employment Relations Act 2000 (the principal Act) by providing for changes in the following areas:

• requiring employer consent for union access to the workplace.
• clarifying communications with the employees during collective bargaining.
• extending trial periods to all employers.
• improving the personal grievance system.
• improving the ability of employment institutions to resolve employment relationship problems.
• specifying the role and enforcement powers of Labour Inspectors.

The progress of each of these Bills can be followed through the New Zealand Parliament website and we will continue to update you through the Clubs New Zealand website.