NEW LABOUR LAWS.

Dominion, Volume 4, Issue 1017, 5 January 1911, Page 6

NEW LABOUR LAWS.

IMPORTANT AMENDMENTS. (By H. Broadhead, Secretary Canterbury Employers' Association.) Of making many amendments to the labour laws of New Zealand there appears to be no end, and much study of them is, to the employers, at any rate, a weariness of the flesh. Scarcely has the employer had time to thoroughly understand and adapt himself to the labour statutes passed in one year than he is confronted with others in the nest. And many of these ia*.vs, especially those of recent years, carry with them not only undue interference with our manufacturers and employers of labour generally in the carrying on of their industrial concerns, but an increase in the cost of production. The employers complain against this continual tinkering at legislation, and ask the Government to give them a period of rest, but they complain and ask in vain.

As the Labour Acts recently passed contain - some important alterations in the law, and as these Acts eamo into force this month, employers would do well to becomc acquainted with the main provisions .as given in the following summary:—

FACTORIES AMENDMENT ACT. Every occupier of a factory must now keep a Wages and overtime book to show the name of each employee, his age, the kind of work performed, the hours worked, and the wages paid each week. This book is to be open at all times to the inspector.

There are special provisions which apply to laundries in which two or more persons arc engaged. Any male person over 1G must not be employed more than 48 hours per week, nor 8J hours in one day, and not more than five hours continuously without an interval of at least three-quarters of an hour for a meal. The working hours of a woman or boy are limited to 45 per week, Si hours in one day, and not more than 4J hours must be worked continuously without a similar interval for a meal. These hours may bo extended, but permission must be obtained from the inspector, and such extension must not bo more than three hours in any day* or on more than two consecutive days in any week, or for. more than 90 hours in any year, except in any exceptional case arising. Except when the extended hours are being worked no person may work in a laundry between tho hours of seven in tho evening and a quarter to eight in the following morning. Overtime is to be paid for at the rate of time and a quarter, provided that, where the ordinary rale is by time and not by piecework, the overtime rate must be not less than sixpence per hour for persons whose wages do not exceed ten shilling? a week, and ninepence per hour for all other persons. These provisions do not apply in the case of any laundry iu which the occupier and his wife, or her husband, as the caso may be, are the only persons engaged-in laundry work. The definition of "factory" is amended by including the following words in paragraph (a): "And includes any building, office, or place in which work sueh as is ordinarily psrformed in a. factory is performed for or on behalf of any local authority whether for trade or sale or not."

Women and boys aro not to work overtime for more than ninety hours in any year, except under special circumstances. This, is in substitution of sub-section (c) of Section' 22 of the principal Act, which allows thirty days in any year to be worked. Section 27 of the principal Acv is amended so that permits to young persons to work in factories "shall be given only in the ease of boys or. girls over thirteen years of age who aro the' holders of certificates of exemption as prescribed by regulations 'under the authority of paragraph (e) of Section 150 of the \ Education Act, 1903: provided that no bov or girl whose employment is so authorised .shall be employed on any machine in any workroom in which machinery is used."

Section' 32 reads: "No deduction shall be made from the'wages of any boy or any woman under 18 years, of age, except for time lost through the worker's illness or default, or 011 account of the temporary closing of the factory for cleaning or repairing tho ' machinery." This will, I believe, clash with several awards, and may lead to some trouble. : Section 38 of the principal Act, which relates to tho payment of wages for each yhole or half-holiday to every boy under 18 or woman, is amended so that it shall anply to an£ such as have- been "employed in the factory for at least twenty days during tlie four weeks next preceding tho whole holiday, nr for at least four days during, the week ending on the day on which the half-holiday occurs." Instead of the words "or for at least four days during the week ending on the day on which the half-holiday occurs," tho words in the principal Act were.: "Or for at least ifive days during the month next preceding the half-holiday, whether such employment lias'lieen on consecutive days or not, and whether tho person employed has been continuously in the service of the occupier or. not." The amendment is a decided improvement.

v Tho following sub-section is added to Section 88:—"This section, so far as. it relates to any other holidays or • halfholiday, applies to every boy under 18 years of age, and woman under 21 years of age, and apprentice who. is paid by time wages, whatever tho time, and has been employed in the factory for tho periods mentioned in the last preceding sub-section." This provision would appear to require the factory - occupier to pay for all holidavs given to tho workers snecified. The other provisions in the Act are of minor importance.

SHOPS AND OFFICES AMENDMENT ACT. This is, in moro than one respect, ono of tho most important measures which have been passed in recent years. It is important not merely because of the probable effect some of its provisions will have, but also because it is a conspicuous nnd emphatic declaration on the part of Parliament of . its intention, whenever it thinks, fit, to set asido some of tho work of the Arbitration Court. That budy anticipated the legislation just passed, in reference to the hours in hotels, boardinghouses, and restaurants, and in the Rotorua Boarding Houses Award, made in April last, and also in tho Wellington Cooks' and Waiters' Award, of more recent date, it inserted tho following-clause:— •

The' provisions of this award shall continue in force until any change is made by legislation in any of the conditions fixed by. this award. On any such change made, all the foregoing provisions of this award shall cease to operate, and thereafter during tho term of this award following provisions shall bo in force: Subject to any legislative provisions on the subject, the hours of work, wages, and other conditions of work of all workers coming within the scope of this award ■ Khali bo fixed by agreement between each employer and the individual workers employed by him. The Court here would seem to say in effect that if Pai'liainent sees fit to interfere with, one part of' an - award, which tho Court lias made after careful investigation into tho conditions of the' workers affected by it, it may just as well take upon itself the duty of fixing the other portions of the award. The liotorua and Wellington awards will now, I presume, cease to operate, and it will bo interesting to watch how it will affect the parties- interested. The position which has arisen is certainly peculiar.

As the new Act contains numerous amendments, it will be necessary to give only the most important of them.

A" hotel is defined to mean any premises in respect of which a publican's license is granted, and a restaurant any promises (other than a hotel) in which meals aro provided and sold to the general public for consumption on the premises, and whether or' not lodging is provided for hire for the accommodation of persons, and includes a privato hotel, a tea-room, and an oyster saloon. The definitions of "shop" and "shop assistant" in the principal Act aro extended to hotels and restaurants, and to the assistants employed in these places, with the exception of engineers, electricians, and clerks. The working hours fixed by tho Court in tho various hotel awards throughout the Dominion were sixty-five per "week. These, however, have been reduced by tho new Act to sixty-two in the ease of a, vuale over 16, and fifty-eight in the case of a female. The daily working hours

are limited to ten'per day, an assistant must not work for more than five hours continuously without an interval of half-an-hour for a meal, and ho must rcceivo a half-holiday from 2 p.in. 011 one working day in the week.' With the permission of the inspector, these working hours may bo extended, but not for more than threa hours in one day, and not moro than 90 hours in ono year. These provisions do not apply to the wife or the children of tho occupier. Provision is made whereby a hotel or restaurant may, in lieu of allowing to any assistant a half-holiday or a whole holiday, allow, by mutual agreement, leave of absence for seven days on full pay every three months. Further provision is made- by which the occupier may, with the consent of the inspector, require any of the assistants to work on ?i * ?y h provided (1) that the maximum weekly hours provided for m the Act are not exceeded; (2) f assistant who works on the halt-holiday is given a whole day's holiday during tho following week; and (3) that tho assistant shall not be allowed to vork on the half-holiday for more than six times tin any year, or for moro than once in any period of two months 2 l ?" ear * l 0 occ upier of every hotel and restaurant must, keep a holiday book to show tho working day in the week fixed for the half or wholo holiday. Clause 11 reads: "Notwithstanding anything iu this Act, any award of the Court of Arbitration relating to hotels or restaurants in force on tho passing of this Act shall continue in force for the poriod for which it was made as if this Act had not • been passed.

Thero are alterations in the principal Act which relate to shops generally, and most of these are here given. Tho occupier of a shop in which one or more shop assistants pro employed must keep a record, in English of wages and time-book showing the name of the assistant, the kind of work done, tho hours worked and the wages paid. Every shop must be registered by-the occupier with the Inspector of Factories in tho name of one person,'and, except in the case of a husband or , wife, any other persons engaged in the business of the shop shall be deemed to bo shop assistants. The old. Act did not apply to the sons or daughters of the occupier of a.shop.

The hours oL employment of shop assistants provided for in the principal Act . have hitherto been subject "to any award of the Court of Arbitration." This proviso, however, is now repealed, and where necessary every award will have to fall into line with the new Act. The hours for butchers are 56, being four more than . allowed by the Act. The question is, will the new law be put into operation forthwith?

'Section 9 of the principal Act is amended to read as follows"Every person who is employed in any capacity in a shop shall be entitled to receive from the occupier payment for tin? work at such rate as is agreed upon, being in no case less 'than ss. per week for the first year, Bs. per week for the second year, and lis. per week for the third year, and so on until a wage of. 20s. a wesk is reached, and thereafter not less than 20s. a week." The words in black type indicate the alterations in the section.

An amendment is ; made to Seption 50, by which a shop assistant is allowed to feed and attend hnrses beyond the hours provided by the Act, but not exceeding one hour per day. The hours for 'closing on Saturday for dairy produce sellers are altered from 1 p.m. to C p.m., and in tho case of florists from 1 p.m. to 8 p.m. .

PUBLIC HOLIDAYS ACT. Little, if any, exception will be taken to this Act. 'Where Labour Day and Dominion Day are provided for in any Act or in any award, they are to be observed as follow Labour day on the fourth Monday in October, and Dominion Day on the fourth Monday m September. When the Sovereign's Birthday, Christmas Day, or New Year's Day, fall on a Sunday, they are to be observed on the following day, and Boxing Day on 'Tuesday.,.

OTHEK ACTS. Other Acts of considerable importance, such as the Mining Amendment, Coal Mines Amendment, f and Stone Quarries have been passed, but doubtless these will have had the attention of the parties affected by them.