Precarious Work and Work Family Regulation : A Critical Evaluation of New Zealand’s Regulatory Framework

Precarious work is characterised by poor pay, low levels of legal protection, job insecurity and limited ability to support a household. Precarious workers encounter a range of work family reconciliation challenges including lack of control of scheduling, overwork or insufficient work. This paper considers the problem of precarious workers and work family reconciliation within the context of New Zealand. The analysis is located within a consideration of work family reconciliation needs and the demographics of the precarious workforce.The central research question the paper explores is whether New Zealand’s legal framework is fit for the purpose of supporting precarious workers in work-family reconciliation. Three areas are considered: the right to request flexibility, regulation of working time and the role and efficacy of unions in facilitating work family reconciliation.It is concluded that regulating work-family reconciliation is challenging in that precarious work is not concentrated under a single legal form of legal form. Precarious work is also found across different sectors with different scheduling needs. Precarious workers are also not a homogenous group and have their own individual needs. While there have been some positive developments in New Zealand law including the extension of the right to request flexibility to all workers and the outlawing of zero-hour contracts, enforcement mechanisms are weak and penalties for noncompliance by employers are token. Furthermore, the fundamental emphasis on the employer’s business needs as opposed to worker’s rights to care for their families is an obstacle to significant improvements. Unions remain the best hope for precarious workers as they may operate to equalise the bargaining power of precarious workers while at the same time working with employers to craft sector specific work family reconciliation terms and conditions in collective contracts. Union can also enforce existing rights and raise awareness of these rights. However, New Zealand unions have limited coverage and resources and the legal framework does not do enough to support unions in this important work