No. 52 - Holidays with Pay, 1936

Provisions

• This Convention applies to persons employed in virtually all undertakings, public and private, industry, commerce and services. All people covered by it are to receive at least six working days' of annual paid holiday. People under 16 are entitled to at least 12 working days' of annual holiday after one year of continuous service.
• Public holidays and sick leave are not to be included in the annual holiday.
• For the full period of holiday a worker is entitled to either his or her usual remuneration or the remuneration determined by collective agreement.
• Any agreement to relinquish the right to an annual holiday with pay, or to forgo such a holiday, shall be void.
• Employers are to keep a record of each worker showing his or her start date, annual holiday entitlement, the dates when the holiday is taken and the pay received during each holiday.
• Ratifying countries are to set up a system of sanctions to ensure these provisions are observed.

Administered by

Department of Labour

• Employment Relations Act 2000
• Holidays Act 2003
• Minimum Wage Act 1983
• Minimum Wage Order 2008

State Services Commission

• State Sector Act 1988

How New Zealand implements it

• The Holidays Act provides for paid annual holidays, public holidays, sick leave and bereavement leave for all employees employed in New Zealand (including the Crown and its employees) except officers, ratings, soldiers or airmen in the New Zealand Defence Force.
• Under the Holidays Act, all employees are entitled, irrespective of age, to a minimum of four weeks paid annual holidays after the first year of employment, or to proportionate holiday pay when the employee has been employed for less than one year. Holiday pay is to be at least the same rate as the employee's ordinary pay at the time the holiday begins.
• Except where expressly provided, no employment agreement can deprive an employee of any right or benefit the Holidays Act provides.
• Employers are required to keep records for each employee, showing details of holidays and holiday pay taken and entitlements, in addition to the hours an employee has worked and the wages paid for the hours worked.
• The Act is enforced by the labour inspectorate. Labour inspectors have the power to enter workplaces and question any occupants, employees, or employers; to inspect and copy wage and time information; and to initiate proceedings to obtain compliance with the Act or to bring a penalty action against an employer in the Employment Relations Authority. A labour inspector may issue a demand notice for non-compliance or pursue breaches in the Employment Relations Authority.
• An employee, or their union, may seek mediation and failing agreement pursue the matter in the Employment Authority.
• Collective and individual agreements in the public service match or exceed the Holidays Act's holiday provisions.
• In order for a worker to qualify for holidays and leave under the Holidays Act they need to be classified as an employee and completed a term of continuous service of
  • Six months employments for special (sick and bereavement) leave; and
  • Twelve months employment for annual leave.

This Convention is not applicable to Tokelau.

Ratified - 10 November 1950

Total ratifications - 40

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