Season’s Greetings and leave entitlements

CTU Media Statement

23rd December 2013

The CTU wishes everyone a safe and happy summer holiday, and wants to remind workers of their rights during the holiday season.

Jeff Sissons CTU General Counsel said “while most workers will be hitting the beach or just spending time with family and having a well-deserved break, many don’t get to put their feet up.  The holiday season is one of the busiest times of the year for some businesses, especially in the retail, hospitality and tourism industries.”

Jeff Sissons said “more and more workers are working over the holiday period because of the nature of their job or just to make ends meet.   Unfortunately, many workers miss out on their entitlements for working over this period because they and their employers don’t know what they are.”

“If you would usually work on the days where the public holidays fall then you’re entitled to a paid day off.  This year that is Wednesday 25th and Thursday 26th December, and then in 2014 it is Wednesday  1st and Thursday 2nd January.”

“If you are at work on these days then you must be paid for hours worked at a rate of at least one and half times your normal pay rate and, if you normally work on that day, get another paid day off at a later date.”

Jeff Sissons says “people should look at what is in their employment agreement – it may have in it whether you have to work and what you should be paid. You cannot be made to work a public holiday, unless your agreement says so.”

Jeff Sissons said every year, the most common question is whether a public holiday is on a day that you would usually work. “For most workers this is obvious, but in some cases where there might be changing shift patterns and days of work, it is less clear.” Unions will be able to assist with queries as will the Ministry of Business Innovation and Employment who have a handy calculator on their website (search for “otherwise working day calculator”) and a helpline.

Employers can, and often do close down over the Christmas- New Year period. They can only do this once every 12 months, but they can require employees to take annual leave to cover the time. The employer must give workers at least 14 days’ notice if they intend to have a close down period.

The best protection for all workers is to join a union, be covered by a negotiated collective agreement, and speak up over any workplace issues.

ENDS

For further comment please contact Jeff Sissons at 027 455 3222.

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