Labour Day 2025

Next Monday, 27th of October 2025, is Labour Day, a holiday that celebrates the labour movement for fair working conditions that gave us the 8 hour work-day. Labour Day isn’t just a day off, it's an opportunity to reflect on the rights of all workers that have been enshrined in the Holidays Act 2003.

For historical context, Labour Day traces its roots to 1840 when a Wellingtonian carpenter by the name of Samuel Parnell refused to work more than eight hours a day, instead advocating for a more balanced approach of: eight hours work, eight hours rest and eight hours recreation. This sparked a movement largely among the building trades to demand shorter hours. This helped the labour movement gain momentum leading to the 1890 Maritime Strike highlighting the need for better working conditions. 

New Zealand officially recognised Labour Day in 1899 with the first celebration marked October 28 1900. It was seen as a symbol for workers' victories, especially the eight-hour work day, at a time when 12-hour work shifts were common. 

The Holidays Act 2003 is the primary legislation that governs Labour Day in New Zealand as it outlines the entitlements for all workers. What those entitlements are will depend on the employees past shift and work patterns. Below we’ll attempt to provide some examples of how it might relate to you. If you're unsure which one relates to you check in with your employer for more clarification. 

Scenario 1: Emma is a full-time employee who works as a programmer. Emma works 40 hours a week Monday to Friday (8AM-4PM). She has worked on a Monday for the last 4 weeks (this is relevant because Labour Day falls on a Monday). 

• Entitlement: Under the Holidays Act 2003 (Section 40), Emma is entitled to a paid day off on Labour Day, this is because it is a Monday which is a day she would “otherwise work” based on her normal schedule. 

• Pay if working: If Emma is required to work, under the Act (Section 50) she should receive time-and-a-half, plus an alternative day off (Section 56). 

• Pay if not working: This is treated as a normal work day so Emma will still receive her regular pay for that day.  

Scenario 2: Hemi is a part-time employee and 20 hours a week as botanical scientist working 20-hours a week Monday to Thursday. His shift records show that he has worked a Monday for the past 6 weeks. 

• Entitlement: Under the Act Labour is considered a day he would “otherwise work”

• Pay if working: If Hemi works his usual shift on Labour Day he earns time-and-a-half, plus an alternative day off 

• Pay if not working: Hemi receives pay for his regular Monday shift. 

Scenario 3: Aroha is a casual carer in an elderly home. She has no fixed working schedule and only works when her employer requires her. Over the past 6 weeks she has worked one Monday but has had no other consistent Monday shifts. Therefore Labour Day isn’t considered a day she would “work otherwise”. 

• Entitlement: Under the Act, casual employees like Aroha only get public holiday pay if they work on the day as they do not have a regular schedule. If Labour Day is not a usual workday, she will not be entitled to a paid day off. 

• Pay if working: If Aroha is scheduled to work a shift on Labour Day she earns time-and-a-half but she is not entitled to  an alternative day off as Labour Day isn’t a regular workday for her. 

• Pay if not working: Aroha will not receive any payment as her irregular shifts don’t establish Monday as a day she would “otherwise work”. 

An otherwise working day (Holidays Act 2003 Section 12) uses an employee's recent work patterns (normally the last 4 weeks) to determine if they would normally be working on a public holiday. As shown in the examples above, regular shifts that fall on the same day as the public holiday like Emma and Hemi will qualify and irregular shifts like Aroha’s will not. 

Employers are obligated to follow the Act or face penalties enforceable through the Employment Relations Act 2000’s dispute resolution process if a dispute arises. 

Sometimes collective employment agreements may offer differing benefits such as extra benefits on shift, but the Holidays Act sets the legal minimum standards. 

If you have questions or concerns about your pay for Labour Day or any other public holiday feel free to get in touch to see how we can help.

Contact us online www.cwc.org.nz/contact