Freedom of Association
Database 2024

Freedom of Association
Indicator
Freedom of Association
Countries
LRI 2024
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New Zealand

Freedom of Association Indicator

The Labour Rights Index 2024 (LRI 2024) is a de-jure index covering 145 economies and structured around the working lifespan of a worker. In total, 46 questions or evaluation criteria are scored across 10 indicators. The overall score is calculated by taking the average of each indicator, with 100 being the highest possible score. The Index uses a rating system, ranging from “Total Lack of Decent Work” to “Decent Work”. The Labour Rights Index aims at an active contribution to the Sustainable Development Goals, by providing necessary (complementary) insights into de jure provisions on issues covered in particular by SDG8 (Decent Jobs), SDG 5 (Gender Equality), SDG 10 (Reduced Inequalities) and SDG 16 (Strong Institutions). The Index is based on national labour legislation, applicable on 1 January 2024.

New Zealand’s overall score is 74 out of 100. The overall score for New Zealand is greater than the regional average observed across Oceania (67). Within the Oceanian region, the highest score is observed for Australia (87).

New Zealand ratified Convention No. 98 on the Right to Organise and Collective Bargaining in 2003 but has not ratified Convention No. 87 on Freedom of Association and Protection of the Right to Organise (1948).

Labour Rights Index 2024

74/100

LRI Country Score

100/100

Freedom of Association Indicator

18.90 %

Trade union density rate (%)

18.6 %

Collective bargaining coverage rate (%)

1.1

SDG indicator 8.8.2

2

ITUC Global Rights Index 2024 Ratings

Question

Answer

Score

Legal Basis

More Info

Does the law allow workers to form and join unions of their own choice?

Yes

1

§8-11 of Employment Relations Act, 2000

Does the law allow workers to bargain collectively with employers through their representative unions?

Yes

1

§13-18, 32-34 & 40-50 of Employment Relations Act, 2000

Does the law provide for the right to strike?

Yes

1

§81, 82A-96, Schedule 1 of the Employment Relations Act, 2000; ITUC Global Rights Index 2024 (New Zealand Profile)

A,C

Does the law prohibit imposing of excessive sanctions against striking workers?

Yes

1

§97 of Employee Relations Act, 2000; ITUC Global Rights Index 2024 (New Zealand Profile)

A,C

Textual sources

A : National Law

National Labour Legislation

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations (latest report)

C : ITUC

ITUC: ITUC Global Rights Index

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices

LRI Country Score
The Labour Rights Index has 10 indicators and 46 sub-indicators. The LRI Country score averages 10 indicators and ranges between 0 and 100. The lowest and highest scorers are Nigeria (29/100) and Belgium/Greece (96/100). https://labourrightsindex.org/  

Freedom of Association Indicator
The Freedom of Association indicator is composed of 4 sub-indicators. Scoring is done through the binary method (0 or 1). The score ranges between 0-100. 

Trade union density rate (%)
The trade union density rate conveys the number of union members who are employees as a percentage of the total number of employees in the country. For updated statistics on trade union density, please check ILOSTAT. 

Collective bargaining coverage rate (%)
The collective bargaining coverage rate conveys the number of employees whose pay and/or conditions of employment are determined by one or more collective agreement(s) as a percentage of the total number of employees in the country. For updated statistics on collective bargaining coverage, please check ILOSTAT. 

SDG indicator 8.8.2
SDG indicator 8.8.2 measures national compliance with fundamental labour rights (freedom of association and collective bargaining or FACB). It ranges from 0 to 10, with 0 being the best possible score (indicating higher levels of compliance with FACB rights) and 10 the worst (indicating lower levels of compliance with FACB rights). It is based on six ILO supervisory body textual sources and national legislation.
For an updated assessment on SDG indicator 8.8.2, please check ILOSTAT. 

ITUC Global Rights Index 2024 Ratings
The ITUC Global Rights Index depicts the world’s worst countries for workers by rating 148 countries on a scale from 1 to 5+ on the degree of respect for workers’ rights. Violations are recorded each year from April to March.  For a detailed description of ratings and methodology, please follow the link. 

Information

Source: §8-11 of Employment Relations Act, 2000

Information

Source: §13-18, 32-34 & 40-50 of Employment Relations Act, 2000

Information

Source: §81, 82A-96, Schedule 1 of the Employment Relations Act, 2000; ITUC Global Rights Index 2024 (New Zealand Profile)

A : National Law

National Labour Legislation

""82ARequirement for union to hold secret ballot before strike (1) This section applies to— (a)a union that— (i)is bound by a current collective agreement; or (ii)will be bound by a proposed collective agreement; and (b)members of that union who are employees who are or have been in the employment of the same employer or of different employers and who— (i)are or were bound (as the case may be) by the current collective agreement referred to in paragraph (a)(i); or (ii)will be bound (as the case may be) by the proposed collective agreement referred to in paragraph (a)(ii). (2)Before a strike may proceed under this Part,— (a)the union must hold, in accordance with its rules, a secret ballot of its members who are employed by the same or different employers (as the case may be) and who would become a party to the strike; and (b) the result of the secret ballot must be in favour of the strike. (3) For the purposes of subsection (2)(b), the result of a secret ballot is determined by a simple majority of the members of the union who are entitled to vote and who do vote. (4) As soon as is reasonably practicable after the conclusion of the secret ballot under ubsection (2), the union must notify the result of the ballot to the members of the union who were entitled to vote.""

C : ITUC

ITUC Global Rights Index (country legal profile)

"Schedule 1 of the Employment Relations Act includes the following list of essential services, for which 14-28 days' notice is required before initiating strike action: petroleum production, processing, distribution and sale; air transport services and certain maritime transport services; production of butter and cheese or any other dairy product and the processing, distribution or sale of milk, cream, butter or cheese or any other dairy product. The keeping and conditioning of sheep, cattle, goats, pigs or deer for slaughter, the killing of such animals and the subsequent processing of their meat and derived products for the domestic market or for export is also considered to be an essential service for which 3-28 days' notice of strike action is required (section 90 and Schedule 1, Employment Relations Act 2000)."

Information

Source: §97 of Employee Relations Act, 2000; ITUC Global Rights Index 2024 (New Zealand Profile)

A : National Law

National Labour Legislation

"Article 97.Performance of duties of striking or locked out employees (1)This section applies if there is a lockout or lawful strike. (2)An employer may employ or engage another person to perform the work of a striking or locked out employee only in accordance with subsection (3) or subsection (4). (3)An employer may employ another person to perform the work of a striking or locked out employee if the person— (a) already employed by the employer at the time the strike or lockout commences; and (b)is not employed principally for the purpose of performing the work of a striking or locked out employee; and (c)agrees to perform the work. (4)An employer may employ or engage another person to perform the work of a striking or locked out employee if— (a)there are reasonable grounds for believing it is necessary for the work to be performed for reasons of safety or health; and (b)the person is employed or engaged to perform the work only to the extent necessary for reasons of safety or health. (5)A person who performs the work of a striking or locked out employee in accordance with subsection (3) or subsection (4) must not perform that work for any longer than the duration of the strike or lockout. (6)An employer who fails to comply with this section is liable to a penalty imposed by the Authority under this Act in respect of each person who performs the work concerned."

C : ITUC

ITUC Global Rights Index (country legal profile)

"An employer may employ another person to do the work of a striking or locked-out employee if that person: is already employed by the same employer at the time the strike or lock-out begins; is not primarily employed to do the work of a striking or locked-out employee; and agrees to do that work. In addition, an employer may employ or contract another person to do the work of a striking or locked-out employee if: there are reasonable grounds for believing that it is necessary to do the work for health or safety reasons; and the person is employed or contracted to do the work only to the extent that it is necessary for health or safety reasons (section 97, Employment Relations Act 2000)."