All workers on temporary visas are entitled to the same minimum employment rights as other workers in New Zealand. As an immigrant in New Zealand, it is essential to know your rights.
Equal Employment Rights for Temporary Visa Holders
Regarding holidays, leave, work breaks, wages, and Individual Employment Agreements, your rights are identical to those of other workers. To safeguard yourself and prevent any unfavourable situations, it is extremely important that you understand what you are entitled to.
The Importance of Employment Agreements for Immigrant Workers
Employment agreements have emerged as a significant issue in the context of migrant exploitation. Your employer is obligated to provide you with a written employment agreement that outlines the terms and conditions of your employment. It is essential to keep this document in a safe space and ensure that you fully understand all provisions before signing.
Understanding Visa Conditions and Legal Employment Rights
Additionally, it is important to familiarize yourself with the specific conditions of your visa, as these can vary significantly from others’. A thorough understanding of your visa conditions may help you identify any irregularities in your employment. Furthermore, you should always keep your passport in a safe location and never pass it on to your employer or colleagues for safekeeping.
Recognizing Signs of Exploitation in the Workplace
If you are an employee experiencing any of the following issues, there is a significant likelihood that your employer may be exploiting you:
– Being required to repay a portion of your wages to your employer
– Receiving payment below the minimum wage
– Observing unauthorized deductions from your wages
– Having to pay your employer in order to get a job
– Being denied reasonable time off
– Your employer threatens to call Immigration New Zealand and end your visa
– Working more hours than your visa allows
– Lacking an employment agreement or being denied a copy
– Not being paid for the hours you work
– Being asked by your boss to say you worked fewer hours than you have
– Working excessive hours without breaks
– Paying more for accommodation than the legal allowance when it’s part of your wages/salary
If you think you or someone you love is suffering Migrant Exploitation, give our toll-free hotline a call and get in touch with our team of Employment Law Experts.
Free Employment Advice from Employment Law Experts ↗
Keeping a Record of Employment Concerns
If you have concerns regarding any of the aforementioned issues, it is essential to maintain a written record of all information, including the hours and days you have worked, the remuneration received, any deductions made from your wages, and any concerns you have raised. Additionally, messages, emails, photographs, and videos can serve as valuable evidence when reporting cases of exploitation.
Who Covers Visa and Recruitment Costs?
An employer is not permitted to require an employee to cover costs associated with visas or legal fees related to their employment. The employer is responsible for all recruitment-related expenses, both within and outside of New Zealand. While the employee may be responsible for certain personal expenses, such as the visa application fee, personal immigration agent fees, and travel costs, any costs directly related to the employment arrangement are the employer’s obligation to cover.
Reporting Exploitation and Seeking Support
Do not be afraid to report instances of exploitation. You have rights, and certain employers may seek to take advantage of you. The New Zealand government, along with Employment Law Advocates like Sacked Kiwi, are dedicated to addressing the increase in migrant exploitation. By reporting such incidents, you are contributing to positive change for yourself and others.
The Migrant Exploitation Protection Work Visa (MEPV)
If Immigration New Zealand determines that your claims are valid, you will be granted a Migrant Exploitation Protection Work Visa (MEPV), allowing you to promptly exit exploitative situations while maintaining lawful status in New Zealand.
Learn more about the Migrant Exploitation Protection Work Visa (MEPV) ↗
Raising a Personal Grievance for Workplace Mistreatment
Migrant exploitation is unlawful, and you have the right to raise a personal grievance against your current or former employer for any form of mistreatment in the workplace, regardless of your visa status. If the merit of your grievance meets the established criteria, we will do our utmost to support you, as it is your employment, your rights, and our fight.
Seeking Professional Advice and Advocacy
Seeking professional advice and advocacy is the most effective way to navigate the process of a personal grievance. As an individual, you deserve to be treated fairly and reasonably by your employer. While raising a grievance can be a stressful experience, know that we are here to support you. With Sacked Kiwi’s support, you can file a formal claim with the Employment Relations Authority (ERA) and start your justice journey!
Start your Employment Justice Journey ↗
How to Report Exploitation to Immigration New Zealand
If you or someone you know is experiencing migrant exploitation, you can report it to Immigration New Zealand online, using their Get Help form or over the phone. If you would like to speak to someone in your language, call 0800 200 088 and say the language you speak. Interpreters are available for over 180 different languages.
In Cases of Immediate Danger
If you are in immediate physical danger, call 111 and ask for the Police.
Further Reading
Your Guide to Restraint of Trade Clauses ↗
Recovering Unpaid Wages: A Guide ↗
Employment Rights Quiz: Do you know your rights? ↗
