2014-Jun 06: Documenting migrant exploitation

Visa Pak 165 - Guidelines about documenting all information received by INZ that may relate to migrant exploitation and ensure all complaints are responded to appropriately and the scale of the issue can be understood.

Visa Paks

6 June 2014

Documenting migrant exploitation

Combating migrant exploitation is a priority for the Ministry, and all information received by INZ that may relate to migrant exploitation must be documented. This will ensure that all complaints are responded to appropriately and the scale of the issue can be understood.

Staff should also refer to IAC 13-05 Exploited Migrants which sets out the process for considering applications from:

  • people who have had a complaint about exploitation accepted by INZ and/or the Labour Inspectorate, and
  • people who are in the process of resolving employment matters through other processes e.g. through the Labour Inspectorate or the Employment Relations Authority.

All information relating to migrant exploitation received by INZ must be documented

Operations Support should be advised of all allegations/complaints or information received by INZ relating to migrant exploitation in the workplace.

When to report

The allegation/complaint or information should be documented when it is first received by INZ, by the first office to receive the information (including Compliance Risk and Integrity Services (CRIS) and Visa Services).

What to report

You should report all allegations/complaints or information about exploitation or labour standard breaches that relate to an identifiable migrant or employer.1

Information may relate to an individual employee, several employees in a workplace, or to an employer.

Although section 351 of the Immigration Act 2009 defines exploitation as cases involving people who are not entitled to work in New Zealand for that particular employer, in order to understand the extent of issues relating to labour standards for migrants, all complaints about breaches of labour standards should be notified, regardless of the immigration status of the complainant.

Information may be received from a variety of sources including the person or their licensed advisor, MPs, community support groups or law centres, or the public. Some information may be received anonymously.

Indicators of exploitation include, but are not limited to:

  • complaints about bullying, threatening behaviour or intimidation by an employer
  • threats to have a person’s visa "revoked" or the person deported
  • money or passport kept by someone without consent
  • being paid below minimum wage / no wage
  • breaches of entitlements to holidays and leave, and
  • living at their workplace or with their employer / restrictions on their freedoms.

How to report

As well as advising the Operations Support team, the information should also be recorded in AMS as a branch warning against the client and/or employer.

Further actions / next steps

The steps you need to take will depend on the circumstances.

  • All allegations about migrant exploitation should be referred to the Fraud Branch2 (see IAC 13-05).
  • Information about other labour standards breaches (for example, failure to provide an employment agreement) should be referred to the Labour Inspectorate Support Officer at:  LI.referrals@mbie.govt.nz.
  • Some cases will not require referral – for example the person may already have an employment complaint under consideration by the Labour Inspectorate, and be seeking an extension to their visa while the matter is resolved.

If you are unsure, check with Fraud Branch or the Labour Inspectorate.

In the course of considering any application for a visa or variation of conditions

Migrant exploitation training

In accordance with IAC 13-05, decisions on applications from migrants who have had a claim of workplace exploitation accepted must be decided by immigration officers who have completed the Exploitation and People Trafficking training modules in LMS.

These officers should be the same officers authorised to consider domestic violence policy and people trafficking cases. Onshore branches should ensure that they have at least one officer available to assess these cases.

Please ensure that your branch has at least one specialised decision maker, and forward their name to Visa Services, Operations Support.

Action

All allegations/complaints or information about potential exploitation that are received by INZ should be documented and sent to Operations Support.