Are you employing migrant hospitality workers? This guide has information to prepare you for employing migrant hospitality workers

Are you employing migrant hospitality workers? This guide has information to prepare you for employing migrant hospitality workers

How can this guide help me?

Migrant workers play an important role in the hospitality industry in New Zealand. They make a valuable contribution by filling labour and skill shortages.

Employing migrants can be quite different from employing New Zealanders. New migrant workers may need extra support, particularly when they first start. If you employ migrant workers, your support will help them to feel settled and supported in their jobs and enable them to contribute more to the success of your workplace.

This guide is for you if you employ or are thinking of employing migrant workers for hospitality work in New Zealand, or if you work with migrant hospitality workers. For example, if you manage or work in:

  • cafes, restaurants, takeaway outlets
  • catering businesses
  • pubs, taverns and bars
  • hotels and clubs. 

The information in this guide will help you to:

  • plan ahead, prepare for and better understand migrant workers
  • support new migrant workers to do safe, high quality work
  • support new migrant workers to settle in New Zealand
  • support new migrant workers to settle into your workplace and have productive relationships.

Differences for migrant workers

Working in the hospitality industry in New Zealand will be different for new migrant workers. Settling in will take time.

New Zealand values migrant hospitality workers and wants them to enjoy their time working here. It is important that you have the information and support you need to help new migrant workers settle into the workplace and the community, even if they are here on a temporary visa. 

Young Vietnamese woman in her hotel cafe uniform standing and smiling at camera in front of the coffe stand in a hotel foyer.

At first I found New Zealand quiet and it had a slow pace of living compared to Vietnam.

Quynh Nguyen (hotel cafe worker)

Settling in takes time

It can take time for new migrant workers to get used to living and working in a new country. They will be adjusting to a new culture, gaining an understanding of New Zealand English and becoming familiar with new ways of communicating. They will be settling into a new community and making new friends. They may have family to settle too.

New migrants often find it more difficult to settle into living and working in New Zealand than they expected. Being better prepared and knowing about what to expect can help them to adjust to their new environment. 

Emotions can go up and down as people settle.

Immigration New Zealand’s Settlement Curve shows how emotions may change as a migrant transitions to living in a new country. All new migrants go through the settlement process at different rates. Some will settle more quickly than others.

The Settlement curve

A graph that shows how feelings can change over a period of two years as migrants settle into a new country - from excited on arrival, to upset or unsure due to a bad experience, to ready to fight and make the most of new opportunities, and finally to feeling settled and comfortable in their new life. The graph uses emojis to show feelings at each stage of the settlement curve, which is S-shaped in landscape mode.

Migrants face settlement challenges at home and at work.

Immigration New Zealand’s Workplace settlement model shows how settling in, both at home and at work, is part of a successful shift to a new culture for new migrant workers.

The model shows that there are challenges inside and outside the workplace. As one challenge is resolved, others can arise. It is important for employers to understand and support some of these "outside the workplace" tensions. Migrant workers will reach their full potential at work when they are well supported, in and outside the workplace. 

The Workplace settlement model

 Two different coloured overlapping triangles showing how new migrant workers and their families move from getting started in a new country, to building a sense of belonging to maximising their potential, both in and outside the workplace.

Differences in the hospitality industry

The New Zealand workplace and how we communicate at work can be quite different for many new migrant workers. Working in hospitality in New Zealand may be different from other countries. New migrant workers may not know about some of the rules and regulations we have in the New Zealand hospitality industry. The New Zealand workplace health and safety system may also differ.

Employers can help new migrant workers by explaining the differences to them. They can also help to explain the need to learn new ways of working and complete extra workplace training, and how to gain New Zealand qualifications.

This guide will help you to explain some of the things new migrant workers need to know. There are also many organisations and people that can help you to support migrant workers. Information about some of these organisations is in this guide.

Tool

Employer toolkits

If you employ migrant workers, you can play a key role in helping them to settle into their new life and workplace. Immigration New Zealand has 2 Employer toolkits with tips on how to help migrant workers settle.

Resources for you 

Immigration requirements for employing migrant workers

There are a number of immigration visa options for migrant workers, depending on their occupation and your offer of employment.

Visa options

Visa options for migrant workers fall into 2 broad types – Residence class visas and Temporary work visas. 

The following table has some of the visa options available.

Temporary visas Residence class visas

Holders of temporary visas can work in New Zealand for a set period of time. 

Examples include:

Essential Skills

May be used when you require migrants on a temporary basis to fill skill shortages where suitable New Zealand citizens or residents are not available for the work offered.

Work to Residence visas

Holders can stay in New Zealand for up to 30 months, with the potential to apply for Residence after 24 months.

Working Holiday Schemes

May be used when there are reciprocal international agreements that allow young people (generally aged 18–30) from partner countries to holiday and work in New Zealand.

Partner stream

This option allows people to apply for a New Zealand work visa if they are in a genuine and stable relationship with a New Zealand citizen, resident, work visa holder or student.

Holders of residence class visas can live in New Zealand indefinitely.

Example:

Skilled Migrant Category

A points based system that prioritises migrants with job offers and those with skills in global shortage.

Explore work visa options:

Work in New Zealand

For more information:

Contact us

Migrants must be entitled to work in New Zealand

Under the Immigration Act 2009, an employer must not employ a foreign national who is not entitled to work in New Zealand or not entitled to work for that employer. This applies whether or not the employer knew that the foreign national was not entitled to work.

An employer should always check the visa status of a prospective migrant employee and keep a copy of the visa on file once employed. 

Tool

Checking visas with VisaView

VisaView enables New Zealand employers to check whether a person who is not a New Zealand citizen has a valid visa to work in New Zealand. Use VisaView to be sure that prospective migrant workers are legally entitled to work in your business.

VisaView

A warning about giving immigration advice

Many employers like to help new migrants with their move to New Zealand and the immigration process. That’s great. But it is important to know that employers cannot provide immigration advice to any individual. This means you cannot pass on your own knowledge or personal experience to assist or direct someone.

The Immigration Advisers Licensing Act 2007 protects the interests of people receiving immigration advice and enhances the reputation of New Zealand as a migration destination.

Under the Act, anyone giving immigration advice must be licensed unless they are exempt, whether the person providing advice is in New Zealand or outside New Zealand.

The Immigration Advisers Authority (IAA) is responsible for administering the Act. 

Immigration Advisers Authority

Help with finding skilled migrants

SkillFinder

SkillFinder is a free Immigration New Zealand service that helps New Zealand employers to search overseas for people who have an interest in living in New Zealand and who have the skills the business needs for recruiting to a specific role.

SkillFinder lets employers search Immigration New Zealand’s database of over 500,000 people by occupation, level of academic qualification, country of residence and years of experience. SkillFinder can then send a job alert email to the people in the database who match the search.

The occupation must:

  • be level 1 to 3 on the Australian and New Zealand Standard Classification of Occupations (ANZSCO) scale, or
  • be on one of the skill shortage lists, or
  • meet Accredited Employer Talent requirements (if you are an Accredited Employer).

We recommend that you test the New Zealand market to employ a New Zealand resident before using SkillFinder. 

SkillFinder

New Kiwis

New Kiwis is a free national online employment service that connects overseas and local migrant job seekers with New Zealand employers.

New Kiwis

Workers from the Pacific

The Samoan Quota (SQ) and the Pacific Access Category (PAC) can contribute to your workforce. Each year approximately 1750 people from the Pacific can enter New Zealand as permanent residents under the SQ and the PAC programmes.

To come to New Zealand on the SQ or PAC programme, Pacific migrants require a genuine job offer for permanent full-time work.

Pacific Quotas Programme

Tip

Email us to enquire about the Pacific Access Category and Samoan quota programmes.

pacific.quota@mbie.govt.nz

Workers from the Philippines

If you recruit from the Philippines you must follow the legal requirements of both the New Zealand and Philippine governments. The following guide outlines the requirements for employers.

Guide for employers of Filipino migrant workers PDF 5MB

Migrants who want to bring their family

Not all migrants can bring their family to New Zealand.

If a migrant worker is thinking of bringing their family here, let them know they should check the Immigration New Zealand website first to find out if their family members are eligible to come.

Tool

Good planning can help

How long a migrant worker with family in New Zealand stays can depend on how well their family settles in New Zealand. Good planning can help.

NZ Ready is a good resource to refer your new migrant workers to for planning and making the move the New Zealand.

NZ Ready

Qualifications and registration

If a migrant worker intends to use an overseas qualification to get a job in New Zealand, they may need to check that their qualification is recognised by the relevant sector before they migrate.

Overseas qualifications may need to be assessed by Qualifications Recognition Services (QRS) at the New Zealand Qualifications Authority (NZQA) to see how they align with the New Zealand Qualifications Framework (NZQF).

All overseas qualifications need to meet the definition of a qualification on the NZQF to be assessed and recognised by NZQA. This requires an International Qualifications Assessment (IQA) from NZQA. 

Skill shortage list checker

Recognition of overseas qualifications | NZQA

International Qualifications Assessment | NZQA 

Note

Overseas qualifications

Recognition of a qualification by Immigration New Zealand as part of applying for a residence visa is not the same as NZQA assessing whether an overseas qualification aligns with the New Zealand Qualifications Framework. Both may be required.

Standards for skill shortage roles

If you are employing migrant workers to fill skill shortages they will need to meet the required standards listed on the skill shortage list.

Skill shortage list checker

Employer obligations

New Zealand has laws that protect all workers. The same laws that apply to workers from New Zealand also apply to migrant workers. Know how to treat migrant workers fairly.

Migrant workers are entitled to the same employment rights as New Zealanders.

Not understanding New Zealand laws is not an excuse for breaching workers' minimum employment rights.

If you employ new migrant workers you will want to help them settle into their new workplace and community as quickly as possible. You will also want to ensure that you are treating them fairly and within New Zealand law. By treating migrant workers fairly, you can help avoid potential problems for your business. 

Employment New Zealand

Tool

Learning modules

The Employment New Zealand website has a lot of useful information about employer obligations and employee rights, including free learning modules for employers and employees. Use the employer modules to help ensure you are up to date and complying with New Zealand employment law.

It is also a good idea to encourage new migrant workers to use the employee modules to help them learn about their employee rights and avoid potential disagreements. All the modules include links to supporting information.

Employment learning modules | Employment New Zealand

Right to join a union

All workers, including migrant workers, have the right to join a union.

The following unions represent hospitality workers:

E tū

Unite 

Note

Union Network of Migrants (UNEMIG)

UNEMIG is a migrant led, non-profit and non-sectarian network of migrant workers that aims to protect the rights and welfare of migrant workers in New Zealand. 

UNEMIG

Employment New Zealand has more information about unions.

Unions and bargaining | Employment New Zealand

Written employment agreement

Migrant workers are entitled to the same employment rights as New Zealanders.

All migrant workers must have a current written employment agreement before they start work. If they do not have an individual agreement they must be covered by a collective agreement.

Employment agreements have 2 types of clauses:

  • clauses that are required under the New Zealand minimum employment standards, eg rate of pay
  • clauses that are contractual arrangements between you and your employee.

Having a written employment agreement may be new to some migrant workers. A plain English, clearly written employment agreement can help reduce the risk of misunderstanding. 

Tool

Help with writing employment agreements

Employment New Zealand’s Employment agreement builder can help you draft an agreement that meets everyone’s needs.

Employment agreement builder | Employment New Zealand

The Restaurant Association provides free hospitality specific employment agreement templates to members.

Employment agreement templates | Restaurant Association of New Zealand

Immigration New Zealand has a guide to help you write clearly for migrants who are new to New Zealand.

Keeping it clear

Employer responsibilities

All employers must:

  • give new migrant workers the time and opportunity to get independent advice before they sign their employment agreement
  • get a signed copy back from the worker before they start work
  • ensure the worker has their own signed copy
  • keep a signed copy for their own employer records.

If a migrant worker is a member of a union and a negotiated collective agreement exists, you must let them know there is a collective agreement and that they are automatically covered by it. 

Working hours

If a new migrant worker agrees to a set number of working hours, the number of hours must be stated in their employment agreement. Details should include:

  • the number of hours they will work per week
  • their start and finish times
  • the days of the week they will work
  • a cancellation of shift clause, which you must adhere to
  • any arrangements for flexible working hours, times or days. 

Employers cannot force any worker to work more than the agreed hours in their employment agreement. If a worker agrees to work extra hours, they must receive reasonable compensation (at least the minimum wage) for working extra hours.

If a worker wishes to work extra hours, their employer is not obliged to give them more hours than has already been agreed.

Employers cannot cancel any worker’s shift without reasonable notice or compensation. If an employment agreement does not already contain a cancellation of shift clause the employer must:

  • negotiate the change with the affected worker
  • agree on a reasonable notice period and any compensation rates
  • update the worker’s written employment agreement. 

Hours of work | Employment New Zealand

Flexible work arrangements

All workers have the right to ask for a change to their hours, days or place of work. Employers must consider requests fairly and in good faith. There are time limits for dealing with requests and there must be specific business reasons for refusal.

Flexible working arrangements | Employment New Zealand

90 day trial period

An employer with fewer than 20 employees may offer a 90 day trial period to any new employee, including a migrant worker. Both the employer and the worker must agree to the trial period in good faith (openly, honestly and fairly).

The employer must record the details in the worker’s written employment agreement. The agreement with the 90 day trial period clause included must be signed before the worker’s first day of work. 

Migrant workers need to understand the potential consequences of a 90 day trial period. If a migrant worker agrees to a trial period, their employer must let them know that they:

  • cannot make a claim for unjustified dismissal if they are dismissed before the end of the trial period
  • may raise a personal grievance to the relevant authorities if they experience discrimination, harassment or unjustified action by you, their employer
  • are entitled to all other minimum employment rights while they are on a trial period. 
Tip

Job offer

It is important to mention potential trial periods in the initial job offer letter.

Trial and probationary periods | Employment New Zealand

Minimum wage

All employers must pay their workers, including migrant workers, no less than the minimum wage for each hour they work. Payment must be in money, either by bank deposit or in cash.

Employers must keep a written record of all the hours their employees have worked to show they are paying their workers at least the minimum wage. 

Minimum wage | Employment New Zealand

Deductions

Any deductions from a worker’s pay must be reasonable. Employers may only deduct pay-as-you-earn (PAYE) income tax and other amounts legally required. Deductions allowed by law include:

  • agreed KiwiSaver contributions
  • child support payments
  • ACC levies
  • student loan repayments
  • deductions to comply with a court order. 

Any other deductions need prior written consent from the worker. 

Tip

Explaining payslips to migrant workers

It is a good idea to explain a migrant worker’s first payslip to them so they understand what the deductions are and why they are required.

Deductions | Employment New Zealand

KiwiSaver

KiwiSaver is a voluntary work-based retirement savings scheme. Migrant workers can join KiwiSaver, except those who hold a temporary, visitor or student visa.

Employers must contribute at least 3% of a worker’s gross salary or wage to their KiwiSaver account or fund, if they have joined.

All eligible employees are automatically enrolled into the KiwiSaver scheme but may opt out within 8 weeks of the day they start work.

KiwiSaver for employers | Inland Revenue

Tax

Tax may be complicated, but as an employer it is important that you follow all of your legal tax obligations.

Employers must deduct PAYE tax from each worker’s wages or salary before paying them and pay it to Inland Revenue on their behalf each month. 

PAYE | business.govt.nz

Tool

Help for employers

Inland Revenue has information to help employers with their tax responsibilities.

Employers | Inland Revenue

IRD numbers

It is important to let new migrant workers know they need an Inland Revenue (IRD) number before they start working so their wages are taxed correctly. Make sure they know it is free to do this on the Inland Revenue website.

Employees | Inland Revenue

Breaks

Hospitality work often involves physical work, long days and sometimes shiftwork. Under the Health and Safety at Work Act, employers have an obligation to manage workplace risks, including physical and mental fatigue. Regular breaks help workers to stay fresh and alert and avoid workplace accidents. They also give workers time to rest, refresh and take care of any personal matters and help to improve morale and productivity.

All workers are entitled to set rest and meal breaks. The number and length depends on how many hours are worked.

You do not have to pay workers for meal breaks but rest breaks must be paid time. The minimum length of breaks required by law is 10 minutes for rest breaks and 30 minutes for meal breaks. 

Rests and beaks | Employment New Zealand

Public holidays

New migrant workers will not be familiar with New Zealand’s public holidays. They need to know when they occur and what their rights are, for example, when they are entitled to be paid time and a half and/or have an alternative day off work (day in lieu). 

Transferring a public holiday

All workers have the right to ask to transfer a public holiday to a different working day. For example, a migrant worker may wish to celebrate a different religious or cultural holiday. Employers must consider any request in good faith.

Employers can also ask a worker to transfer a public holiday to a different working day for business reasons. The agreement must be in writing. 

Public holidays | Employment New Zealand

Mondayisation

If a public holiday falls on a weekend, a worker may have a paid holiday on the following Monday or Tuesday if they do not normally work on Saturday or Sunday. This is called ‘Mondayisation’.

Public holidays falling on a weekend | Employment New Zealand

Types of leave

Annual leave

Employers should make sure new migrant workers are aware of their right to annual leave and holiday pay. Many migrant workers may not be used to having this right.

All workers, including migrant workers, are entitled to at least 4 weeks of paid annual leave after being employed for 1 year. They can take at least 2 weeks’ leave at a time.

If their employment is for less than 1 year, they are entitled to holiday pay (8% of their gross earnings) when they leave. 

Note

Types of worker

Part-time workers are entitled to 4 weeks of holidays on a pro rata basis, based on what a working week is for them. For example, if they work 3 days a week their annual leave entitlement will be 12 days.

Casual workers are different from part-time employees. Employees who work regularly (eg every weekend) or who are on a roster are likely to be considered part-time workers and will be entitled to 4 weeks of paid annual leave.

Depending on their pattern of work, casual workers may be entitled to ‘pay-as-you-go’ annual holidays. This is 8% of their gross earnings as holiday pay on top of their wages.

Types of employee | Employment New Zealand

Annual holidays | Employment New Zealand

Annual closedowns

Employers can direct workers to take some of their annual leave over an annual closedown or seasonal break period. The employer must let the worker know in writing 14 days in advance, especially if they have not yet accrued enough leave to cover the period. Workers also need to know whether they will be paid for the entire period or can have the option to anticipate leave not yet earned.

In hospitality, employers may want to negotiate leave for off peak times. These this can vary by area and tourism peak periods. 

Annual closedowns | Employment New Zealand

Tip

Flexible leave arrangements

Some new migrant workers may need to accumulate leave to make travelling home worthwhile, or need to travel home to deal with an emergency. A good employer will consider their migrant workers’ needs and allow some flexibility in leave entitlements.

Sick leave

All full and part-time workers are entitled to 5 days of paid sick leave each year, after they have been continuously employed for 6 months.

New migrant workers may not realise that they can use sick leave when either they or a member of their family who relies on them is sick or injured. Employers should explain this to migrant workers.

If a migrant worker needs sick leave before they have worked for 6 months, their employer should let them know they can request sick leave or annual leave in advance, or take unpaid leave.

Depending on their pattern of work, casual workers may also be entitled to sick leave. 

Note

Doctor's certificates

Getting a doctor’s certificate may be difficult for some migrant workers as they may not have a GP. It is a good idea to encourage migrant workers to find a GP. Employers who require a doctor’s certificate within 3 days must pay the reasonable cost for the worker to get one.

Enrolling with a GP | Ministry of Health

Sick leave | Employment New Zealand

Bereavement leave

All full and part-time workers are entitled to 3 days of paid bereavement leave after they have been continuously employed for 6 months, if an immediate family member dies. Immediate family members include the worker’s:

  • spouse or partner
  • child or grandchild
  • brother or sister
  • parent or grandparent
  • spouse or partner’s parent. 

If more than 1 family member dies at the same time, the worker is entitled to a minimum of 3 days for each person.

Workers can also take a minimum of 1 day’s bereavement leave for a death outside their immediate family, if the employer agrees they have a close relationship with the deceased and/or responsibilities in relation to the death, eg cultural or supportive responsibilities.

Depending on their pattern of work, casual workers may also be entitled to bereavement leave. 

Tip

Bereavement leave arrangements

When close family or friends die it can be very difficult for migrant workers if the person or their family is in another country. It is often unrealistic for a migrant worker to use their 3 days’ bereavement leave entitlement to fly home.

It is important to make sure they know about their right to bereavement leave and, if they need more time, let them know they can ask to use some of their annual leave or take unpaid leave.

Bereavement leave | Employment New Zealand

Parental leave

If a migrant worker has a new baby or child to care for (including a newly adopted child), they may be eligible for paid parental leave and up to 1 year extended unpaid parental leave (inclusive of any paid leave), if they are the primary carer and they meet other eligibility criteria. This leave is funded by the government. They may also return to work without being disadvantaged afterwards.

Eligible parents may be entitled to up to 22 weeks of paid parental leave. 

Parental leave | Employment New Zealand 

Tool

Parental leave calculator

Employment New Zealand has a calculator you can use to find out how much parental leave your worker is entitled to.

Parental leave eligibility | Employment New Zealand

Domestic violence leave

Workers affected by domestic or family violence have the right to:

  • at least 10 days’ paid domestic violence leave per year (separate from annual, sick and bereavement leave)
  • ask for short-term flexible working arrangements for up to 2 months.

Employers must not treat workers badly or unfairly because they think they are affected by domestic violence.

Note

Who qualifies for domestic violence leave?

Workers qualify for domestic violence leave if they have worked for you for at least 6 months and meet other criteria around the hours they have worked. Domestic violence rights apply even if the domestic violence happended in the past.

 Domestic violence leave | Employment New Zealand

Record keeping

All employers must keep full and accurate records for every worker they employ, including migrant workers. Full and accurate records are required by the Employment Relations Act 2000 and Holidays Act 2003 and can be used to show an employer is providing the minimum rights to their workers.

Each worker’s record must include the following wage and time and holiday and leave details:

  • signed employment agreement (copy)
  • hours and days of work
  • payments received for their working hours
  • holiday and leave entitlements
  • annual, sick and bereavement leave taken
  • requests and agreements to transfer public holidays or cash up annual holidays. 

You must keep these records for at least 7 years and be able to produce them when requested by an employee, Labour Inspector or Immigration Officer.

If an employee does not understand something on their employment record or payslip they can ask their employer to explain it to them. 

Keeping accurate records | Employment New Zealand

Payslip | Employment New Zealand

Privacy

Employers can only collect personal information about their employees for valid work purposes, or where directed to by the law. They must protect the privacy of personal information and not disclose or use it for any other purpose.

Employees can ask for access to their personal file and other information their employer has about them. The employer must either give them access or tell them why they cannot see it. The employer must respond to requests as soon as possible and within 20 working days (or ask for an extension). Employees can also ask for information to be corrected if it is not accurate.

Employee privacy | Employment New Zealand 

Training needs and opportunities for migrant workers

It is important to identify training needs for new migrant workers to ensure they can carry out their tasks, whatever their role. They may appreciate the opportunity to strengthen or formalise existing skills, either through an on-the-job training programme or through external training organisations.

Industry Training Organisations

Industry Training Organisations (ITOs) are part of a formal system for increasing and developing skills in the workplace. They link to New Zealand’s national qualifications system. ITOs set qualification standards, arrange training, and work with industry to determine skill development needs. Health and safety training is included within ITO’s training programmes.

Service IQ is the ITO for the hospitality industry.

Service IQ

Tip

Good training helps boost business

Whether you run a hotel, cafe, bar, restaurant, club or catering service, you can boost your business with a talented team trained on the job. Skilled hospitality staff will impress your customers who then reward your business.

Other hospitality training providers

Restaurant Association of New Zealand

Hospitality New Zealand

Insitutes of Technology and Polytechnics | NZQA

Info

Industry resources for employers

New Zealand hospitality employer organisations provide support and publish resources to help their members to run their  businesses and comply with New Zeland employment law.

Hospitality New Zealand

Restaurant Association of New Zealand

Health and safety in hospitality

Keeping workers healthy and safe is not just good for your business, it is the right thing to do. It is also required by New Zealand law.

Keeping safe at work is the responsibility of both workers and employers.

Employer responsibilities

All employers have a legal obligation to ensure the health and safety of their workers and anyone else on work premises. In hospitality, this includes your customers.

Creating a healthy and safe workplace includes making clear what is expected of workers, what their responsibilities are and what tasks they need to do.

Employers must provide a healthy and safe workplace for all workers, including migrant workers. This means:

  • providing the right training, supervision and equipment where needed to do the work safely
  • providing personal protective equipment for workers
  • managing all risks that have the potential to cause harm
  • enabling workers to contribute to health and safety decisions and the resolution of issues
  • providing effective ways for workers to raise health and safety concerns. 

Worker responsibilities

Workers also have a responsibility to keep themselves and others healthy and safe.

Some new migrant workers are not used to the level of personal accountability for safety and wellbeing in the New Zealand workplace. New migrant workers need to know that they must:

  • take reasonable care of their own health and safety
  • ensure that their actions do not cause harm to themselves or others
  • follow any reasonable instructions, policies or procedures on how to work in a safe and healthy way. 
Note

Right to refuse

Workers also have the right to refuse to do a task if they believe it is a serious risk to them or anyone else. It is important to let migrant workers know that they:

  • can refuse to do a task for health or safety reasons
  • should let a manager or supervisor know immediately so the issue can be resolved.

Safety information, equipment and training

Personal protective equipment

As an employer, you must provide all the necessary personal protective equipment (PPE) to ensure your workers can complete required tasks as safely as possible.

Some new migrant workers may not be familiar with all the PPE used in hospitality work in New Zealand. All workers need to understand how to operate equipment safely and know how and when to use protective equipment.

For some migrant workers, English is not their first language. Employers should always check that migrant workers understand the health and safety information provided to them.

Make sure new migrant workers know what to do in an emergency and where to find emergency equipment and first aid kits. 

Tip

Giving verbal instructions

When giving verbal instructions to a migrant worker, it is a good idea to ask them to repeat or demonstrate what you have said.

Workplace hazards

Employers can help keep all their workers safe by making sure new migrant workers are aware of what are considered hazards in the hospitality workplace in New Zealand.

The following table has some hazards that migrant workers should be aware of.

Equipment Environment
Hot liquids and hot elements Inadequate food safety and hygiene
Flames, smoke and harmful vapours Long working hours, fatigue, stress, shiftwork
Chemicals and cleaning fluids Customers, eg violent, aggressive or under the influence of alcohol or drugs
Lifting heavy objects, eg pots and pans Sexual harassment
Sharp equipment, eg knives, meat slicers, mandolins Loud music
Spills and slippery floors Sunburn (working outdoors)
Broken glass or crockery Dark spaces
Electrical cords and clutter Going home late at night

 

Note

Sunburn

Many migrants think they are coming to live and work in the warm Pacific Islands. They say that one of the most difficult things about coming to work in New Zealand is getting used to working in our variable climate. New Zealand has high levels of harmful ultra violet (UV) radiation. UV radiation does not provide heat.

New migrants need to be aware that they can burn and damage their skin even on a cloudy day or when they feel cool, and should use sunscreen and/or suitable clothing to protect themselves.

Protecting workers from solar UV radiation | WorkSafe

Drugs and alcohol

Drugs and alcohol use can cause poor concentration, carelessness, risk-taking behaviour and errors in judgement. This can result in injuries, fatalities and absence from work. It can also affect work performance and productivity.

Policies and processes on the risks of drugs and alcohol in the workplace can help you to manage and prevent harm. Employers have the right to use pre-employment testing when employing workers in safety sensitive workplaces, or to require employees to submit to alcohol or drug tests if this is part of the worker’s employment agreement.

Drugs, alcohol and work | Employment New Zealand

Managing workplace risks

WorkSafe

WorkSafe New Zealand publishes information and gives advice about health and safety. WorkSafe also provides advice and tips on a range of workplace risks. Some key resources are listed below.

How to manage work risks | WorkSafe

What risk looks like in your industry | WorkSafe

Fatigue quick guide | WorkSafe

ACC

The Accident Compensation Corporation (ACC) provides information, tools and advice on how to prevent workplace injuries and how to support workers who are injured at work.

For business | ACC

Tool

Wellbeing information

The Restaurant Association of New Zealand provides a toolkit and other resources to help you build balance and a strong sense of mental wellbeing into your business and teams.

Wellbeing at work toolkit | Restaurant Association of New Zealand

Reporting hazards and raising concerns

All workers, including migrant workers, need to know how to identify risks, report hazards and raise any safety or health concerns with their employer. Encouraging reporting of concerns makes workplaces healthier and safer.

All workplaces should have effective ways for workers to raise health and safety concerns and to suggest ideas for reducing risks.

Employers should show new migrant workers how to report hazards, accidents and near misses (incidents which did not cause an injury but could have done so), and have a system to record these. 

Tips
  1. Having safety information in a migrant worker’s own language and graphic form will help ensure migrant workers understand safety information.
  2. If you have a number of workers from the same ethnic group, appoint a leader for health and safety from that group.

Who to notify

WorkSafe regulates health and safety in New Zealand workplaces and monitors and enforces compliance with health and safety law.

Employers must notify WorkSafe when certain work-related events happen, such as death or serious injury. 

WorkSafe 

Tool

Notifiable event tool

Use WorkSafe’s Notifiable Event tool to find out which work-related events are notifiable and what actions you must take following a notifiable event.

Notifications | WorkSafe

You can contact WorkSafe by phone.

0800 030 040 (24 hours)

Ask for Ezispeak if you need an interpreter.

Discrimination, bullying and harassment

Migrant workers are protected by New Zealand’s Human Rights Act. Discrimination, bullying or harassment in the workplace is not acceptable and must be taken seriously if it occurs.

Employers need to ensure their migrant workers are not being bullied or harassed by anyone in the workplace. Some local staff may be uncomfortable working with migrant workers, which could result in inappropriate behaviour towards migrant workers.

Employers can help protect migrant workers by having appropriate policies, procedures and support mechanisms in place to deal with any issues.

Types of problems | Employment New Zealand

Help 

Bullying and harassment resources

WorkSafe has resources to help you prevent bullying and sexual harassment in your workplace.

Bullying prevention toolbox | WorkSafe

Need help?

Call the Ministry of Business, Innovation and Employment (MBIE) and ask for Employment services:

0800 20 90 20

Or contact Immigration New Zealand.

Contact us

Workplace culture and communication

How New Zealanders work, communicate and interact is unique. Migrant workers come to New Zealand from different cultures with different ways of working. This can affect how employers should manage, work and communicate with migrant workers.

Understanding migrant workers

If you know how different cultures like to work, it can help you to better understand and manage migrant workers when they first arrive. Different values can affect how people think and act in the workplace. Everyone in your workplace can benefit from knowing about these differences.

When a new migrant first arrives at work, they might need more direction than New Zealand workers. It can help if you:

  • find out about the values and work styles the new migrant is used to and how they prefer to be managed
  • explain the work and management culture in your workplace
  • talk to existing workers about some of the potential communication and cultural differences they might notice
  • arrange a tailored induction programme and a buddy to support the migrant worker
  • provide a basic instruction manual with photos and diagrams to help explain tasks
  • have regular quality one-on-one reviews and appraisals with the migrant worker.
Tool

Why have a buddy system?

Immigration New Zealand’s Employer toolkit (Topic 11) explains the value of a buddy system.

Resources for you

  

Induction can benefit everyone

A tailored induction for new migrant workers can help you set out your expectations and help them to become familiar with your work practices. This should lead to fewer misunderstandings and mistakes.

Induction programmes should include information about:

  • employer and workers’ roles and responsibilities
  • workers’ minimum legal rights and obligations
  • workplace health and safety
  • your workplace rules and values
  • your workplace daily routine
  • language and cultural differences.

How people value status and rules

Research shows that people from different cultures value status and rules differently.

The Cultural value differences chart shows that:

  • New Zealanders place the lowest value on status compared to people from the top 10 countries that provide migrant workers to New Zealand
  • Malaysian and Filipino workers place the highest value on status people from 7 of the top 10 countries place more value on rules compared to New Zealanders.

 Cultural value differences

A graph showing how migrants from 10 different countries value status and rules, compared with New Zealanders. The left axis is called Status is important, the bottom axis is called Rules are important.

(Adapted from Geert Hofstede)

What does this mean for you?

People from cultures that value status can find it difficult to speak freely to a manager or supervisor. If they do speak to their supervisor, they may use very formal language and not say what they really think.

Research shows that compared to workers from other countries, New Zealanders are more likely to:

  • expect everyone to be treated fairly
  • make suggestions to their manager or supervisor
  • enjoy working without close supervision
  • expect to be asked to do a range of tasks. 

The Cultural preference in management styles chart shows that:

  • New Zealanders like to be left to get on with the job
  • most Filipino workers expect to be more closely supervised and will prefer to be given clear direction at work.

Cultural preference in management styles

A horizontal bar graph showing whether migrants from countries that contribute to our hospitality workforce like to be left to get on with the job or prefer to be told exactly what to do.

Although there is no existing Hofstede data available for the Pacific Islands, research has suggested that migrants from the Pacific are high on this scale and therefore prefer to be given clear direction at work.

Work style differences

Workers from different countries have different ways of working and communicating with each other. Everyone in your workplace can benefit from knowing about these differences.

The following graphic 'How I like to work' shows some of the things that workers from different cultures say about how they work. Which ones would you say? What would your migrant workers say?

How I like to work

A graphic with two cartoon heads facing each other in the centre surrounded by speech bubbles with examples of how people from different countries (migrants and New Zealanders) like to work together and communicate in the workplace.

How I like to work Migrant or New Zealander?
I show respect by not looking my boss in the eye.  Migrant
I think it is rude to ask the boss questions.  Migrant 
I like to know who is in charge and who the big boss is. I do not usually address people older or more senior than me by their first name.  Migrant
I often ask direct questions as I like to get things right.  Migrant
I like to know exactly what the rules are and will stick to them and get the job done. I do not like surprises.  Migrant
I use quite a bit of slang and often make suggestions without being asked.  New Zealander
I do not like being told what to do all the time.  New Zealander
I like to call everyone by their first name. I expect to be consulted and want things to be fair.  New Zealander
I am usually quiet in meeting until I am asked to speak.  Migrant
I like to know exactly what I have to do and that my job is secure. I will work hard and stick by my employer.  Migrant

Communication differences

How New Zealanders speak and communicate will be unfamiliar to many new migrant workers. Migrant workers who do not have English as their first language may read English well, but some may have difficulty understanding spoken English and different accents.

For some migrants, differences in language and communication styles may affect how well they understand or are understood, even if they speak English as a first language.

If all workers understand these differences, it will help the migrant workers and improve workplace relationships.

Tip

Understanding communication differences improves the workplace

It is also important that employers understand communication differences so they can provide support and training if needed. Employers who take the time to help new migrant workers with language and communication issues should see improvements in the workplace for everyone.

Everyone has a different accent

We all have different accents. Just because someone has a different accent, it does not mean they have poor English skills or cannot do the job. It means that both parties need to take extra care to ensure that they are understood.

Local language differences

New Zealanders use a lot of informal language, jargon and slang (including swear words) at work. They also swear in their everyday communication, including at work. Some migrants may be offended by bad language or misinterpret it as anger. Māori language is also commonly used in everyday conversation and in some workplaces. This makes it difficult for migrants who have learnt formal English, and even those whose first language is English, to understand what is being communicated.

Communication styles

Different cultural communication styles can lead to misunderstandings. For example, many New Zealanders like people to make eye contact when talking to someone, but some cultures show respect by avoiding eye contact. You can help new migrant workers by explaining that looking at someone when speaking to them is not usually seen as disrespectful here - in fact many people expect it.

Workplace communication

Good language and communication skills are essential for hospitality work, whether it is chatting with a customer or giving and receiving instructions. How New Zealanders communicate can be challenging for some new migrants. Some new migrant workers are used to being told exactly what to do. They may find that New Zealand workers and their managers communicate very differently from what they are used to.

Tip

Explain New Zealand terms

Words used in hospitality in New Zealand - like flat white, eftpos, kai - might be completely new to some migrant workers. You can help them learn new words by listing them in a prominent place along with their definitions or an image to illustrate, eg on a whiteboard in the break room. It will also help if you make sure your local workers are aware that migrant workers may not be familiar with some of these terms.

Employers who take the time to help employees with language should see improvements in the workplace.

The importance of giving direct instructions

New Zealanders often give instructions or make requests in an indirect way. This can make it hard for some new migrants to recognise when they are being given an instruction by their boss, a workmate or a customer. A busy and noisy work environment can also make it more difficult to understand what is being said.

It is important to ensure that migrant workers understand when they are being given instructions and for employers to make it clear whether they are making a suggestion or giving an instruction.

Clear, direct instructions are easier to understand than indirect instructions. The following table shows the difference between direct and indirect instructions.

Instruction  Direct or indirect?
Perhaps you could just clean the tables? / Do you want to clean the tables?  Indirect
Please clean the tables.  Direct – easier to understand
The chicken looks good. / I think I'll have the chicken.  Indirect
I would like to order the chicken dish.  Direct - easier to understand
Tip

Make instructions clear

Migrants tend to want to please their employer above all else and are very disappointed if they make a mistake. So it is in everyone’s interest to ensure instructions are clearly understood.

Chatting with workmates

New Zealand workplaces are less formal than what many migrants are used to. For example, some new migrant workers may not be used to talking in the workplace about non-work topics, like what they did in the weekend.

Some migrant workers find it difficult to chat during breaks and even while on the job. New Zealand humour will be unfamiliar to them so they may not respond as expected. This can make them seem unfriendly.

Practical tips on how to help

Here are some things that employers can do to help new migrant workers get used to workplace language and communication differences.

  • Pair new migrant workers with an experienced buddy who can explain unfamiliar language.
  • Provide important instructions in writing, keeping it simple and clear.
  • Make sure all workers are aware of what language or behaviours may offend some migrant workers.
  • Think about cultural challenges in your workplace.
  • Encourage existing workers to speak more clearly when giving instructions to new migrant workers.
  • Provide visual aids (posters, charts and diagrams) and demonstrations to help new migrant workers understand processes and instructions. 

All training should be a positive, inclusive and constructive experience for everyone, not just migrant workers.

Some migrants can be offended if you ask them, ‘Do you understand?’ as it can imply that their English is not of a high enough standard. You could confirm understanding of instructions by asking them to tell you in their own words what you have asked them to do.

Language tools for employers and migrants

Immigration New Zealand's Keeping it clear tool provides tips on providing information to an audience that is new to New Zealand.

Keeping it clear

Immigration New Zealand's free online tool WorkTalk is designed to help improve communication between employers or managers and new migrant workers.  It looks at how New Zealanders at work fit in with each other, how we deal with conflict and the ways we give instructions and advice.

WorkTalk

English language support for new migrant workers

Several organisations provide English language support for people who do not speak English as their first language. Some new migrants may need literacy and numeracy support too.

Immigration New Zealand’s New Zealand Now website has an ESOL tool to help migrants find English classes.

Learning English | New Zealand Now

Libraries have information about activities in the community and language learning resources that new migrant workers may find useful. The New Zealand Now website has lists of local libraries on its regional Information and advice pages.

Our regions and citites | New Zealand Now

Living in New Zealand

Living in New Zealand may be very different from what some migrant workers are used to. Employers can help new migrants learn about the differences.

Differences for migrants

Most new migrants will have things to learn when they arrive in New Zealand, no matter how well they plan and prepare. They will take a while to settle into working and living in New Zealand.

Employers can help new migrant workers settle by explaining what some of the key differences are and by helping them to set up important things like a bank account and IRD number. 

Info

New Zealand Now website

Immigration New Zealand’s New Zealand Now website has pages for new migrants on living and settling in New Zealand.

Live | New Zealand Now

Some of the key differences for migrants new to New Zealand are listed below, along with helpful web page links. 

Accommodation 

Accommodation options in New Zealand may be different from other countries. For example, New Zealand rental properties are usually unfurnished. New migrant workers may need help finding accommodation or furniture and appliances for a rental property.

Renting a house | New Zealand Now

Here are some useful links for finding accommodation:

TradeMe Property

realestate.co.nz

Flatfinder

Cost of living 

New migrants can be surprised by the high cost of goods and services here, especially electricity, internet and heating. Immigration New Zealand’s Cost of living calculator can help them work out how much it might cost to live here.

Cost of living | New Zealand Now

Healthcare

New Zealand has a publicly funded health service. Only migrants on qualifying visas are eligible for these services. Migrants may not be aware of our ACC scheme, which covers accidents of any nature. New migrants will need to find a GP but some may not be used to using a GP system.

Healthcare | New Zealand Now

Banking and tax

Banking and tax rules can vary from country to country. New migrants will settle faster if they know what to expect and can get themselves sorted early on.

Banking, loans and FX | New Zealand Now

Taxes | New Zealand Now

Education and schooling 

New migrants with children will need to find out how New Zealand’s school system works so they can quickly settle their children into school.

Education and schooling | New Zealand Now

Utilities

How electricity, water and internet access is managed in New Zealand may be different for many new migrants.

Utilities | New Zealand Now

Public transport, road conditions and driving rules

Many new migrants will be used to driving on the right hand side of the road and different road conditions and driving rules. Making them aware of the differences helps make New Zealand safer for all. They also need to know about public transport options.

Transport | New Zealand Now 

Climate and weather

New migrants can come from all sorts of climates. For some, our seasons will be opposite to what they are used to. Others will come from countries that do not have seasons like New Zealand. New migrants need to be aware of our changeable weather patterns and the need to be prepared with the right clothing.

Regional climatologies | NIWA 

Unfamiliar hazards

Many new migrants come from countries with very calm sea conditions, no earthquakes and low risk of sunburn. They need to be made aware of risks that may be unfamiliar to them.

Keeping safe | New Zealand Now

Natural disasters | New Zealand Now

Info

Regional information

New Zealand Now’s regional pages have regionally specific information on all of the topics above, and a lot more.

Our regions and cities | New Zealand Now

How to provide settlement support

If you want to retain migrant workers, it helps to go the extra mile. You do not have to do it all by yourself. Immigration New Zealand provides information and resources for employers of migrants.

Settle migrant staff

Resources for you

Your checklist to plan ahead

Immigration New Zealand also provides settlement information, resources, programmes and services nationally for new migrants. There is information available online to help newcomers settle into work and life in New Zealand.

The following table lists some of our key resources and information sites for new migrants.

Resource Description
 Working in hospitality in New Zealand | New Zealand Now A guide to working in hospitality in New Zealand
 Live in New Zealand | New Zealand Now Information on life in New Zealand
 Guide to New Zealand workplaces | New Zealand Now A guide to working in New Zealand workplaces
 Moving from the Pacific islands | New Zealand Now Information on what to expect when moving to New Zealand from the Pacific
 NZ Ready tool A tool to help migrants plan their move to New Zealand
 Resources for your migrant staff Resources for your migrant staff on the Immigration New Zealand website

 

Contributors

The following organisations contributed to developing this guide:

  • E Tū
  • Hospitality New Zealand
  • Millennium hotels and resorts
  • NZ Chefs Association
  • Restaurant Association of New Zealand
  • Unite
  • The Ministry of Business, Innovation and Employment