MANY WILL WORK

Auckland Star, Volume LXXIII, Issue 124, 28 May 1942, Page 8

MANY WILL WORK

KING'S BIRTHDAY

PAY AND CONDITIONS?

While shops and offices will, generally speaking, be closed on Monday next, the day on which the King's birthday holiday is to be observed, thousands of workers in essential industries will be engaged at their ordinary vocations. The position as to payment and conditions is most involved. One employer said this morning that it required a Philadelphian lawyer to clarify the position and his advice to employers was to consult their organisations to ascertain their responsibilities.

A day or two ago the Minister of Labour, Mr. Webb, referring to the position, said that in view of the war emergency, it was necessary this year that work should proceed in essential industries engaged in war work. Notice had been gazetted, therefore, requiring that all employers should under recent emergency regulations operate their undertakings and that all workers should work on the King's birthday in every essential or "declared" undertaking where a controller had issued to the employer a direction to that effect.

"All the workers employed on the holiday shall be paid the rates prescribed by the relevant act or award or agreement subject to any modification order or suspension order issued under the Labour Legislation Emergency Regulations, 1940," he said. "Any employer directed as above who fails to operate his undertaking or any worker who absents himself from work in such undertaking without reasonable excise renders himself liable to a penalty under the Emergency Regulations," he added.

Directed to Work "Many undertakings declared essential have been directed to work on Monday," said Mr. W.'E. Anderson, secretary of the Employers' Association, to-day. "In such cases a breach of the Industrial Absenteeism Emergency Regulations will be committed by an employer who fails to operate his undertaking on that day and by a worker who fails to attend at work on that day without a reasonable excuse. Many other undertakings with urgent work to do will work on Monday. "Undertakings to which the Overtime and Holidays Labour Legislation Suspension Order of December last applies, and which work on the holiday, may allow another day as a holiday within six months or pay ordinary rates extra —that is, a total payment of double time—for work done on the holiday. In practically all cases 1 think the latter alternative of making extra payment will be followed. Special Cases "If work is performed on Monday in an undertaking which has been excluded from the Overtime and Holidays Labour Legislation Suspension Order, then payment must be made in accordance with the award or industrial agreement which applies to such undertaking. "All employers engaged on defence construction work have been ordered to work on Monday, and in their case workers will be'paid the ordinary rate of wages prescribed in the Defence Works Labour Legislation Suspension Order. Employers and workers on defence construction work who fail to comply with the instruction to work will commit a breach of the Industrial Absenteeism Emergency Regulations." Unions Affected While some industrial union secretaries were unable to say to-day whether members of their organisations were compelled to work next Monday, others were clear on the subject, but could not state how many men were involved. In most cases only a portion*, of union members were affected essential work, the following being included: Amalgamated Engineering and Allied Trades' Union. Auckland Builders and General Labourers' Union and the Drivers' Union. Employees of the Colonial Ammunition Company will work on the holiday and so will the workers engaged in similar production, As far as waterside workers are concerned work will be carried on as usual. Under the Painters' Union award King's Birthday is not a holiday. Carpenters and joiners are in a different position. Under their award they are entitled to payment for statutory holidays, including the Sovereign's birthday. Where carpenters are called upon to work under the Defence order, however, they are only paid for the actual hours worked at ordinary rates. If carpenters are asked on the holiday to do work other than that connected with defence they are entitled to double pay.