FACTORY WORK

Dominion, Volume 29, Issue 220, 13 June 1936, Page 15

FACTORY WORK

Minister Explains New Law

THE 40-HOUR WEEK

Higher Minimum Rates Of Pay

Explanatory statements giving full details of the industrial legislation and allied measures passed during the first part of the new Parliament’s Initial session have been prepared by the Minister of Labour, Hon. 11. T. Armstrong. A clause-by-clause explanation of the Factories Amendment Act is published below. This Act will come into operation on July 1, with the exception of the reduced working hours, which will operate from September 1. Details of the Act follow Section 2: This section is to bring places where one or more persons are employed within the definition of “factory,” thereby making them subject to the Factories Act. Section 3: This section restricts the hours of work in factories to 40 a week, eight a day .and 41 hours continuously without an interval of at least threequarters of an hour for a meal. Women and boys under 16 are not to be employed on any Sunday, holiday or half-holi-day nor between the hours of 6 p.m. and 8 a.m. Sub-section (4) enables a worker over 18 to be employed beyond the prescribed hours in getting up steam for machinery or making preparation for the work of the factory for not more than one hour per day, for which he is to be paid at. ordinary rates. The Court of Arbitration is given power to fix longer hours than those prescribed by this Act in the case of any fa.tory if, in the opinion of the court, it would be impracticable to carry on ef-

ficiently the work of the factory under the 40-hour week, but any extension r granted by the court may not be beyond | 44 hours. Under sub-section (6) laundries > are exempted, special provision being I made for these factories by section 7 of I the Act. Sub-section (7) provides for merely consequential amendments, while | sub-section (8) provides that the section . shall not come into operation until September 1, 1936. . Work in Dairy Factories.

Section 4: Provision is made here that no worker shall be employed in a dairy factory or creamery on more than six days in any one week, but exemption is granted to factories and creameries in which not more than two workers are regularly employed, special holiday provision being made in such cases, or payment in lieu thereof.

Section 5: Section 21 of the principal Act prohibits the working of overtime by women and bojts on any holiday or halfholiday and the effect, of this clause is to extend such prohibition to Sundays. Section 6: The rates of pay for overtime prescribed by section 21 of the principal Act are increased from time and a quarter to time and a half, while the minimum rate is now fixed at 1/6 per hour. Pel-sons employed in bush sawmills engaged ' solely at breaking down, logging and sawing rough timber were previously entitled to overtime payment only for overtime in excess of 48 hours a week.

Sub-section 1 (b) reduces this period of 48 hours to the prescribed weekly maximum, the prescribed weekly maximum being defined in sub-section (4). Sub-section (2), section 26 of the principal Act contains special provisions relating to the employment of women and boys on holidays in milk preserving factories and the effect of this subsection is to fix a minimum overtime rate of 1/6 per hour for such work. Under sub-section (3) the meal allowance of If- prescribed by section 23 of the principal Act is increased to 1/6. Section 7: -Section 20 of the principal Act contains special provisions regarding the hours of employment and overtime in laundries and the amendments made by this section are merely consequential on the fixing of a 40-Eour week and the increasing of the overtime rates. The general restrictive provisions prescribed by section 21 of the principal Act in regard to the working of overtime are applicable only to women and boys, but in the case of laundries under section 20 the restrictions apply to all persons engaged in the work of the factory. Under this section (section 7) the hours are reduced in the same way as under section 3, while the prohibition of overtime on holidays and half-holidays is extended also to Sundays, vide sub-section (2) (a). The ordinary hours of employment must be worked between S in the morning and 6in the evening (sub-section (2) (b). Sub-section (2) (c) increases the meal allowance from 1/- to 1/6, while subsections (2) (d) and (e) increase the rate of overtime payment to time and a half with a minimum of 1/6 per hour. Subsection (2) (f) Is merely consequential as provision is made in section 3 (6) excluding laundries from the operation of section 3. Sub -section (3) applies to laundries the provisions of section 3 relating to getting up steam'for machinery, etc., and application for exemption from the 40-hour week, while sub-section (4) postpones the operation of the 40-hour week until September 1, 1936. > Section 8: Wages are ifot to be reduced nor is any person to be dismissed merely by reason of any reduction or alteration of working hours in pursuance of the provisions of this measure. If any person

has his wages reduced or is dismissed after the commencement of the Act the onus is placed ou the employer of proving that such reduction or dismissal was iu>. contrary to this section. .Section 9: Tins is lo provide that an employee shall be entitled to payment for overtime even where such employee has been employed during extended hours in breach of I lie provisions of the Act. .Section 10; Under this section the Goyernor-General is empowered by Order-iii-Couneil to apply the -'sweating'' provisions of the Act to eases where work is let or given out to be done elsewhere than in the factory, such work being in connection with any specified class or classes of articles other than textile or

shoddy material. Section 11 ; The object of this section is lo ensure that work which is let or

given out by lhe occupier of a factory, shall be done in a registered factory or it* it is done elsewhere than in a registered factory only by a person who holds a licence granted by t inspector for that purpose. Factory occupiers may not employ a greater number of such licensed outside workers than one for every ten or fraction of ten persons employed in the factory. Licences are to operate only for a period not exceeding 12 months and are lo be granted only to persons who are in necessitous cireumslanees or who for special reasons are unable to work in a factory and the inspector is to be satisfied that the place where the work is to be done is suitable and that the rate ol remuneration is substantially equivalent to or higher than the rate that would be payable if the work were done in the factory.

A right of appeal to a magistrate is provided for against the refusal of the inspector to issue a licence to perforin work elsewhere than in a registered factory. Paragraphs (b). (c) and (d) of section 30 of the principal Act are repealed, as they will no longer be applicable under the amended provisions for the prevention of “sweating.” Minimum Pay Increased.

Section 12: This section increases the present minimum rates of wages under section 32 of the principal Act from ten shillings a week with annual increments of 5/- a week until a wage of 30/- is reached to such rate is agreed on. being not less than 15/- a week with hallyearly increments on the agreed rate of not less than 4/- a week until the end of the third year and thereafter not less than £2 a week. In determining the rate of payment due to any worker all periods of employment in any factory whatsoever will require to be taken into consideration. Section 33 (2) of the principal

Act is consequentially repealed. Section 13: This adds Boxing Day and Auzac Day to the list of holidays in section 35 of the principal Act and provides (hat all persons employed in the factory shall receive such holiday® instead of as at present boys under 18 years of age and women. The amendment in subsection (2) is merely consequential. Section 14: This section provides for payment for the holidays prescribed by the Act and the periods for which the workers are required to be employed before they are entitled to payment. Sub-section (3) provides for double rates where a worker is employed on any holiday, such payment being in addition to the ordinary payment for the holiday, and time and a half rates where a worker is employed on a half-holiday. Where the ordinary rate is by time and not by piecework a minimum of 1/6 per hour is fixed. Special provision is made to meet the case of dairy factories and creameries in which not more than two workers are regularly employed. Section 38 of the principal Act is consequentiallyrepealed. Section 15: This section provides for the payment of special rates for Sunday work in factories. Section 16: There was previously no power in the Act for an inspector to require an occupier to take any action to prevent any accident to the workers except in regard to machinery. This section will enable the inspector to call upon the occupier to repair or safeguard any part of the factory or any appliance therein or to remedy any defect in the factory or in any machinery or appliance. Section 17: The period within which proceedings for a breach of the Act may be taken has been extended from three months to six months. Section 18: Wool-dumping factories and low-temperature coal-carbonisation factories are added to the list, of seasonal industries which are exempt from the limits of working hours prescribed for male workers over 16 years of age. This, however, does not prevent the working hours for such workers in these industries from being prescribed in awards or agreements. Section f 9: This section provides that nil awards and industrial agreements are to bo read subject to the provisions of the Act, but this is not to be construed to reduce rates of wages being paid pursuant to any award or agreement, or to increase working hours fixed by any such award or agreement.