A win for human rights and a warning to exploitative NZ employers

OPINION: This is a real ‘good news’ story, and one I’m happy to be able to share.

We are hearing a lot these days about employers unable to bring in migrant workers, and migrant workers being kept apart from their family members overseas.

But – for obvious reasons – we don’t hear much about the migrant workers who are living here right now and being cynically exploited and mistreated by their employers.

Many of these people live every day in fear of losing their jobs and so their right to work in New Zealand.

Who is being exploited now, and how?

There is widespread abuse of this sort in New Zealand. Most commonly, migrant exploitation means:

Being paid less than the rate on their employment agreement – or being made to work extra unpaid hours.
Having to pay their employers a fee for their job offer in the first place, or work to pay it off.
Not being paid for holidays or other leave they are entitled to.
Being made to pay part of their own wages!

Until now, many migrant workers have been afraid to report the exploitation they are suffering, because their work visas are tied to that employer – if they can’t continue working for them they may have to leave New Zealand.

The new Migrant Exploitation Protection Work Visa (MEPWV) – which came into effect on 1 July – should change that. The title is a bit of a mouthful, but it’s a very positive development, and one we applaud.

Making it safe to move and find new work

The MEPWV will empower people who are in exploitative situations to lodge a complaint and apply for the new six-month visa. With their work visa no longer linked to the employer, the worker will then be safe to move jobs, and can work anywhere in New Zealand.

If their partner is also in the country, they can be approved a work visa as well, and their children can be approved student or visitor visas. None of them will need to pay visa application fees or levies. This is all great progress.

More positive news for migrant workers

The new MEPWV scheme will work hand-in-glove with the new Accredited Employer Work Visa (AEWV), which comes into effect on November 1.

The AEWV requires New Zealand employers to be accredited by Immigration New Zealand (INZ), they can support work visa applications from overseas workers. In applying for accreditation, employers will have to prove they haven’t breached employment or immigration law. Which is where the MEPWV could cause them some major problems.

Exploitative employers have a lot to lose

Employers who are ripping off their staff should be on notice that these changes mean workers will be empowered and encouraged to report exploitation; if exploitation is proven, the consequences could be disastrous for these employers and their businesses. And rightly so.

They are likely to lose (or be refused) accreditation and may not be able to employ anyone else on an employer-supported work visa. They could also be exposed to large fines – one restaurant owner was ordered to pay $125,000 after minimum wage violations.

I am pleased to see Immigration New Zealand is acting to protect human rights and getting tough on employers exploiting people who live amongst us in stressful and often frightening circumstances.

DISCLAIMER: This article does not constitute immigration advice. Individuals need to seek personal advice from a New Zealand licensed immigration adviser or lawyer to assess their unique situation. Ankur can be contacted at info@visamatters.co.nz.

View Article in Stuff.co.nz ↗