Migrant exploitation

Your rights as a migrant worker

If you are a migrant worker on a visa, you have the same minimum employment rights as New Zealand workers.

These include:

• written employment agreements
• wages
• work breaks
• holidays and leave.

Employment New Zealand lists examples of migrant exploitation.

Common types of migrant worker exploitation — Employment New Zealand

Employment New Zealand also explains your employee rights, in English and other languages.

Employee rights and responsibilities — Employment New Zealand

Minimum rights of employees — language translations — Employment New Zealand

Other things to note

Some employment sectors can pay migrant workers less than the median wage.

Check the section called 'Pay thresholds for the different visa types' in Wage rate requirements for visas.

Wage rate requirements for visas

If your employer is hiring you on an Accredited Employer Work Visa (AEWV) they must meet their employer requirements.

Sector agreements and hiring migrants on an AEWV

Your employer's commitments to hire you on an AEWV

If you are planning to come to New Zealand, read about the immigration scams to watch out for. (In English and other languages.)

Protect yourself from immigration scams

If you feel you are being unfairly treated

There can be many different types of problems in a workplace.

These can include for example, disagreements over pay, health and safety concerns, or claims of unfair dismissal.

The Employment New Zealand website lists a range of workplace issues and explains what to do if you have a problem.

Problems in the workplace — Employment New Zealand

What to do if you feel you are being exploited

Employment New Zealand has information about migrant exploitation with examples about work and how to keep yourself safe. It is in English and other languages.

Migrant exploitation — Employment New Zealand

If your work situation changes

If the conditions of your work visa no longer suit your situation, check if you can apply for a variation of conditions.

Change the conditions of your visa

If you are made redundant or the employer closes

If you lose your job due to redundancy, receivership or liquidation, find out what your visa options are and what you need to do.

My job has ended unexpectedly. What happens now?

Keeping yourself safe from exploitation

Check how to keep yourself safe, including documentation, work agreements and pay, in English and other languages.

Migrant exploitation — Employment New Zealand

Keep a record of the phone number of your home country’s embassy in New Zealand.

Embassies — New Zealand Foreign Affairs & Trade

Reporting migrant exploitation

The Employment New Zealand website has information for migrants about making a complaint and how to report exploitation.

All help is confidential. If you want to report anonymously, do not include your contact details. It is important that you provide accurate and truthful information in your report and work with Employment New Zealand if there is a case against your employer.

Summary of steps

The following steps are a summary of how to make a report, what happens and your visa options.

1.Contact Employment New Zealand

You can report migrant exploitation to Employment New Zealand by completing the online form on their Get Help website, or by phone.

Reporting migrant exploitation online form — Get Help

If you do not speak English, they can provide information in your language.

When you phone and you connect with their operator, say the language you speak. The operator will get an interpreter to join the call. Do not end the call while you are being connected.

It is free to call from any landline or mobile phone in New Zealand.

Phone 0800 200 088.

2.Employment New Zealand assesses your report

If you provided contact information, Employment New Zealand will contact you to confirm the information you gave them.

Help and support

Employment New Zealand can give you advice and, where suitable, connect you with the support services you need for everyday life in New Zealand.

Also check the list of non-government community organisations listed on this page in the section 'Agencies or groups who can support you'.

Assess the report

Employment New Zealand assesses your report and works with the Labour Inspectorate and Immigration New Zealand. This is to:

• decide what, if any, action should be taken against the employer, and
• make sure you are getting your employment rights and pay.

If Employment New Zealand finds it is credible that exploitation may have occurred, they will give you a Report of Exploitation Assessment letter.

If you decide that you want to stay in New Zealand, you must apply to Immigration New Zealand within 1 month of receiving this letter.

If you apply later, Immigration New Zealand may not approve your application.

3.Check your visa options

Check the following options for your situation and contact us if you are unsure.

Apply for a Migrant Exploitation Protection Work Visa (MEPV)

The Migrant Exploitation Protection Work Visa is free and allows you to stay in New Zealand for up to 6 months.

Migrant Exploitation Protection Work Visa (MEPV)

Apply for your MEPV within 1 month of getting your Report of Exploitation Assessment letter.

We treat your application as high priority. It allows you to leave your current employer quickly while we investigate the exploitation. While on this visa, you can work for any employer anywhere in New Zealand.

• You must have a current work visa with the name of your employer on it.
• You cannot be granted this visa if you hold a work visa that is not linked to an employer (such as a working holiday visa or a Post Study Work Visa).

You do not have to pay fees or provide medical or police certificates when you apply.

This visa will be granted for up to 6 months depending on the time remaining on your current visa.

Options if you have an MEPV

Transfer from an MEPV to another visa

If you want to apply for a temporary work visa, you must apply before your Migrant Exploitation Protection Work Visa (MEPV) expires.

One of our most common work visas is the Accredited Employer Work Visa (AEWV). Your employer needs to be accredited and complete a Job Check.

Check if an employer is accredited

Apply for a Dismissed Worker Visitor Visa

If you are dismissed during your work trial period, you can apply for a Dismissed Worker Visitor Visa.

You cannot work on this visa, but you can use the time to find a job and apply for a work visa.

In your application, you can include a partner and dependent children aged 19 years and younger.

Dismissed Worker Visitor Visa

Job offers and applying for a Job Change

If you have a job offer from a different employer, you can apply for a Job Change. This changes your AEWV conditions to let you work for a new employer.

You still have to leave New Zealand before your visa ends. You do not need permission from your employer to leave your job with them.

Your new employer must be accredited to hire migrants on the AEWV and have a valid Job Check for your new job.

Getting the Job Change

Check what to do if you hold an AEWV or another work visa with specific conditions. There is a fee for a Job Change.

Application for a Job Change or a variation of conditions for work visa holders

Request a section 61 visa if yours has expired

You are breaking the law if you are in New Zealand after your visa expires. It is called being unlawfully in New Zealand.

You may not be able to come back to New Zealand again if you are here unlawfully for 42 days or longer. You may affect other people, such as family members who help you.

If you are unlawfully in New Zealand and want the chance to be here lawfully, you can make a section 61 request. Only make a request when you have no other options of staying in New Zealand.

If you do not leave New Zealand before your visa expires

Contact INZ

You can call us from 06:00 to 22:00 Monday to Friday (NZT) excluding New Zealand public holidays.
Customer Service Centre

Calling about your visa application

We will need either your INZ client, application or passport number if your call is about a visa application.

If English is not your first language

• If you do not speak English, we can provide information in your language.
• Call us, and when you connect with an operator, say the language you speak.
• Stay on the line and we will get an interpreter to join the call. Do not end the call while you are being connected.

Phone numbers to use

• INZ Customer Service Centre (free from New Zealand landlines only)
  0508 558 855
• Calling from Auckland
  +64 9 914 4100
• Calling from Wellington
  +64 4 910 9915
• Calling from outside New Zealand
  +64 9 914 4100

Agencies or groups who can support you

Employment New Zealand

You can call the Employment New Zealand Service Centre Monday to Friday, 8:00am to 5:30pm excluding public holidays.

If you do not speak English, they can provide information in your language.

When you call and connect with an operator, say the language you speak. Stay on the line and they will get an interpreter to join the call. Do not end the call while you are being connected.

The number is free to call from any landline or mobile in New Zealand.
Phone 0800 200 088

Employment New Zealand mediation service

If you have a dispute with your employer, you can use Employment New Zealand's free mediation service to help resolve it.

Mediation — Employment New Zealand

Citizens Advice Bureau

The Citizens Advice Bureau (CAB) provides free advice on dealing with complaints and disputes.

Find a CAB — Citizens Advice Bureau

Community Law

If you need free legal advice, Community Law may be able to help.

Free legal help — Community Law

Unions

Unions can help you with exploitation issues and help make sure you are treated fairly. They can also negotiate with your employer on your behalf.

• Find your union — New Council of Trade Unions
• Get support now — Public Service Association

Information for advocates and the public

If you are working with people planning to study, work or live in New Zealand, use our social media pack to help them identify possible immigration scams or fraud.

These resources are available in English and other languages.

Protection against immigration scams social media packs

Migrants may be worried that if they report exploitation they will be deported, especially if they are:

• doing work that is not allowed by their visa conditions, or
• in New Zealand after their visa has expired.

Employers may use the fear of deportation to pressure migrants into work in conditions that are below legal minimum standards.

The Ministry of Business, Innovation and Employment (MBIE), including INZ and Employment New Zealand, want to stop migrant exploitation.

MBIE works closely with non-government and community groups to raise awareness of migrant exploitation.