FACTORY LAWS

New Zealand Herald, Volume LXXIII, Issue 22401, 23 April 1936, Page 12

FACTORY LAWS

WAGES AND HOURS QUESTION OF DISMISSALS ONUS ON THE EMPLOYER THE MINIMUM PAYMENTS Perusal of tho Factories Amendment Bill, which was introduced in the House of Representatives 'on Tuesday, shows that the measure is intended to raise substantially the standards of wages and tighten the conditions governing overtime and hours of work fixed in the principal Act, which has remained practically unamended for a number of years. The Factories Act was passed originally to fix a reasonable minimum level of wages and working conditions for the large body of factory workers, particularly women and young people, who at that time were unorganised. It has since served to safeguard the interests of employees in various industries not covered by awards or industrial agreements. The amending Bill appears to carry tho purpose of tho Act further by raising tho minima and setting standards which may be expected to govern or influence provisions in future awards. A notable example of this is the limitation of six da.vs that is placed upon the week's work of employees in dairy factories and creameries. Some clauses of the Bill, including that providing for the 40-hour week, are made subject to an award, if one is in force, but others, among which is that which fixes the minimum wage scale, are mandatory and allow of no variation. Dismissals or Wage Reductions One rather remarkable clause throws upon the employer the onus of justifying dismissals or wage reductions following a reduction of working hours. It is as follows: —• "No person who is employed in any factory at the commencement of this Act shall be dismissed, nor shall the wages of any such person be reduced by reason merely of jjnv reduction or alteration made in his working hours pursuant to this Act. Where any such person is dismissed, or the wages of any such person are reduced after tho commencement of this Act, the burden of proving that the dismissal or reduction, as the case may be, was not a breach of the provisions of this section shall be upon the occupier (of the factory)." The provision relating to minimum wage rates has apparently been framed with the object of overcoming a decision of the Court of Appeal, which held that if a worker was paid more than the minimum in any year ho was not necessarily entitled to more than the scale minimum in the following year. For instance, if a youth was engaged at 15s a week instead of the first-year minimum of 10s, the employer could continue to pay him 15s in his second year, that being the minimum fixed by the Act. Effect of Wage Scale

The bill raises the minimum by yearly increments according to the following scale, the new rates being given in parentheses:—los (los), los (20s), 20s (2.55), 2os (32s Gd), 30s (40s), It provides, moreover, that the annual increments specified in the scale shall be paid upon the basis of the wage originally agreed upon, if it was greater than the scale rate to which the worker was then entitled. Past periods of employment in any factory whatever arc to bo taken into account in determining the rate of payment to which a worker is entitled.

It was pointed out by an authority yesterday that the new wage-scale was likely to lead to demands for increases in rates now paid under certain awards. One which ho had in mind was that governing female workers in the clothing trades. Apprentices at present were employed at 10s .a week under a two years' engagement, and learners, who were on a weekly basis only, at 12s 6d. The two classes reached the same wage of £1 12s 6d on becoming improvers, and fully-qualified journeywomen, who were regarded as skilled workers, were paid £2 2s, or only 2s above the rate now provided by the bill for comparatively unskilled women and girls who had completed four years in a factory of any kind. Payment for Holidays

Tho provisions for payment for the five principal statutory holidays are considered by employers to be undttlv liberal. Tho bill lays down that a worker must receive payment for the holiday if ho has been employed "at any time during the fortnight ending on the day on which the holiday occurs." This is interpreted to mean that if a factory proprietor gives a charwoman a couple of hours' work in tho fortnight before, say, Christmas Dav, he must pay her a full day s wages in addition to what she would ordinarily receive. Payment for work done on Sundays or whole holidays, unless an award provides otherwise, is to be at triple the ordinary rate, with a minimum ot Is 6d an hour for workers not on pieceAn occupier of a factory not bound hv anv award or industrial agreement must observe, tho 40-hour week and the eight-hour day, unless ho has obtained an order from the Arbitration Court bv showing that it would be mlpracticable to carry on the work oi jus fnctorv efficiently without an extension nf hours It is considered that this requirement is likely to burden the Court with a great number of' individual applications, and to cause much trouble to employers before necessary adjustments can be made.