NEW CONDITIONS OF WORK

Southland Times, Issue 22969, 15 August 1936, Page 8

NEW CONDITIONS OF WORK

Provisions Outlined In Bill MINIMUM RATES OF WAGES FOUR WEEKS’ HOLIDAY A YEAR (From Oui' Parliamentary Reporter.) Wellington, August 14. Minimum rates of pay and conditions of employment for workers on dairy farms are laid down in the Agricultural Workers Bill which was introduced in the House of Representatives by Gov-ernor-General’s Message to-day. The Bill also deals generally with the accommodation which must be provided for all agricultural workers, and in this respect replaces former legislation. The conditions applicable tc dairy farms embody the terms of an agreement reached some time ago between the representatives of the Farmers’ Union and the Minister of Labour (the Hon. H. T. Armstrong) acting on behalf of the Government. The main features of this part of the legislation, which will operate during the present dairy season, are as follows:— The prohibition of employment of children under the age of 15 years; a minimum commencing wage of 17/6 a week for workers under 17 years of age, increasing by annual increments of 5/- so that the minimum rate for a worker aged 21 years or over will be £2 2/6 a week. The minimum rates are to be inclusive of board and lodging and, where board and lodging is not provided by the employer, the minimum rates are to be increased by 17/6 a week. One week’s holiday is to be allowed for every 12 weeks of employment and is to be paid for at the minimum rates, plus one-half of the allowance for board and lodging. The legislation is to apply only to workers on dairy farms where 10 or more cows are ordinarily kept, and the provisions of the Bill are to come into force on October 1 of this year. Minimum Scale of Wages. The prohibition of employment of children under 15 years is modified to some extent by restriction of the relevant section to those engaged for hire or refard. This has the effect of exempting members of a farmer's ily'in connection with the minimum scale of wages, the first annual increase of 5/- is' to be made only when the worker passes the age of 17. The scale will operate until July 31 of next year and may then be varied by Order-in-Council. Although no reduction in the minimum rates is to be permitted in the fixing of the scale of wages for future seasons, it is provided that the guaranteed prices for dairy products must be taken into consideration. It is expressly stated that no charge for board and lodging provided for agricultural workers on dairy farms is to be made by the employer. However, if board and lodging is not provided the minimum rates of pay in every case are to be increased by 17/6 a week. No reduction from wages is to be made for time lost by a worker unless the time is lost by reason of his default, illness or accident.

Provision is also made for permits for under-rate workers. An inspector of factories or an inspector appointed under the legislation must be satisfied in every case that the worker concerned is incapable by reason of infirmity arising from old age or other causes of earning the prescribed minimum rates.

Holiday Provisions.

The section dealing with holidays states that every worker employed on a dairy farm for not less than four weeks continuously is to be allowed by his employer seven days’ holiday in the aggregate for every 12 weeks of employment and a holiday of a proportionate part of a week for every broken period of employment. Holidays are to be allowed at a time to suit the convenience of the employer, but at least 28 days must be allowed in each year of employment. If a worker’s employment is terminated he must be allowed all holidays to which he is then entitled. Before the commencement of a holiday of more than three days the prescribed holiday is to be given in advance. Normal wage payments to dairy farm workers must be made monthly or at shorter intervals, and on every dairy farm where there is one or more agricultural worker employed a wages and holiday book must be kept by the employer. The entries in the book will comprise the following: the name of the worker and his age (if under 21); the days on which the worker has actually been employed; the wages paid on each pay day, together with the date and period to which the payment relates, and the days on which the holidays are allowed and the amount and date of the holiday pay. Each entry has to be signed by the worker concerned, and his signature will operate as a receipt for the payment of the wages. The holiday book or any such book used within the last two years is to be open for inspection by any inspector under the legislation.

Penalty For Incorrect Record.

Any worker who fails to sign an entry or who wilfully signs an incorrect record is to be liable to a fine of £5, and any employer making default in the full payment of wages is to be liable to a fine of 5/- for every day of default. If an inspector is satisfied that default in payment has been made, he may take civil proceedings against the employer on behalf of the worker concerned for the recovery of the amount due. In the event of default being made as a result of misrepresentations by a worker, no proceedings can be taken. A special part of the Bill deals with the question of accommodation for all agricultural workers, who are defined as “persons employed for any period exceeding one week in any agricultural, pastoral, sawmilling or flaxmilling work.” The term does not include a shearer within the meaning of the Shearers Accommodation Act, 1919. An employer is defined as “any person in control of or superintending any farm or other place where an agricultural worker is employed.” Every employer is charged with providing suitable and sufficient accommodation for all agricultural workers in his employ. Details of the accommocU-

tion to be provided are as follows:—

Where two or more persons are to be -accommodated, the sleeping quarters must be separate from the dining quarters and a sufficient supply of furniture and necessary utensils and suitable supplies uf drinking and washing water, together with adequate lightning, heating, ventilation and sanitation, must be provided. The sleeping quarters must contain not less than 500 cubic feet of air space for every person accommodated. Suitable provision must be made for the storing of meat and other perishable goods. Arrangements must be made for the drying of clothes, and suitable first aid appliances must be provided. Inspectors’ Powers.

Special inspectors may be appointed as officers of the Public Service under the legislation, and in addition all inspectors of factories will have similar powers. They will have full rights of entry to any land or premises, and the penalty for obstructing an inspector is fixed at a fine of £2O.

The provisions dealing with accommodation for agricultural workers may be modified by an inspector if the accommodation already in use conforms approximately to the standard prescribed or if he is satisfied that it would be impracticable to provide the facilities outlined. Modifications granted in this manner may be revoked at any time by the Minister of Labour. If suitable accommodation is not provided by the employer the inspector may give him notice to remedy the matter within a reasonable time.

The employer has a right of appeal to a Magistrate, which must be exercised within 14 days of the receipt of notice, although this right will not apply in cases where an inspector, acting on the advice of a medical officer of health, advises that requirements are urgently needed for the protection of the health of workers. If an employer fails to comply with the terms of the inspector’s notice or with the decision of the Magistrate in case of appeal, he will be liable to a fine of £25, with a further penalty of £2 for every day during which the failure continues.

The requirements concerning accommodation will not apply in cases where workers occupy their own homes within a reasonable distance of their place of employment. If a worker resides in a house owned or leased by his employer, other than the latter’s private residence, further accommodation must be provided in accordance with regulations to be issued. Under the legislation accommodation provided for married and single men can be varied by regulations. Share Milkers. Share milkers and all persons employed by share milkers in the performance of contracts are to be deemed to be employed as agricultural workers by the person letting the contract to the share milker. This provision will have effect with regard to accommodation, but the share milker himself will be required to pay to workers employed by him the minimum rates prescribed for workers on dairy farms. The whole of the legislation is to be administered by the Labour Department, and among the miscellaneous provisions it is stated that any person who commits a breach of the law for which there is no specific penalty will be liable to a fine of £lO. If there is a continuing breach a further fine of £lO for every day may be imposed. Proceedings for offences are to be taken summarily by an inspector- and heard before a Magistrate alone. There is the usual power for the making of regulations to give effect to the provisions of the Bill. As a result of the consolidating nature of the legislation the Bill repeals the Agricultural Labourers Accommodation Act 1908, and the Amending Act of 1912, but all appointments, regulations, Orders-in-Council and notices made under earlier Acts are to continue in force.