Moving to New Zealand for work is a big decision. For many people, it means leaving family behind and starting a new life in a country they may never have visited before.
Unfortunately, not everyone who comes to New Zealand for work has a positive experience.
Migrant exploitation is something I feel strongly about. I've seen situations where migrant workers have been taken advantage of, and it really concerns me that some migrants are paying thousands of dollars for job offers that don't even exist, while others are too frightened to speak up about how they're being treated because they're worried about losing their job or their visa.
I think it's really important that anyone coming to New Zealand for work understands their rights and knows where to go if something isn't right.
What Does Migrant Exploitation Look Like?
Exploitation isn't always obvious, and it doesn't always mean someone is being physically mistreated.
It can happen in different ways, including:
Not being paid for all the hours you work.
Being paid less than the minimum wage.
Being asked to give some of your wages back to your employer.
Working excessive hours without proper breaks.
Having your passport taken or withheld.
Being threatened with deportation if you complain.
Being asked to pay money to get a job.
Living in unsafe or overcrowded accommodation arranged by your employer.
Being pressured to work outside your visa conditions.
Sometimes workers don't realise that what is happening to them isn't acceptable. Others know something is wrong but are afraid of what might happen if they say anything.
You Should Never Have to Pay for a Job Offer
This is something I really want people to understand.
You should never have to pay someone to secure a job offer in New Zealand.
If an employer, recruiter or agent is asking you for money in exchange for a job, red alarm bells should be going off.
I've heard of people paying thousands of dollars because they've been promised a job and a better life in New Zealand.
Some have borrowed money or used their family's savings, only to be ghosted as soon as they receive the money or arrive and find the job or working conditions aren't what they were promised.
It is important to understand the difference between legitimate visa application costs and being charged money simply to get a job.
An employer should not be charging you for the opportunity to work for them.
You Have Employment Rights in New Zealand
It doesn't matter whether you're a New Zealand citizen, resident or temporary visa holder. You have minimum employment rights.
These include:
Being paid at least the applicable minimum wage.
Having a written employment agreement.
Being paid for the hours you work.
Receiving the rest and meal breaks you're entitled to.
Receiving your holiday and leave entitlements.
Having a safe workplace.
Being able to request information about your pay. Your employer must keep wage and time records and provide access to those records when you request them. While employers aren't legally required to give you a payslip every payday, you can ask for information showing how your pay has been calculated.
Before accepting a job, make sure you understand your employment agreement.
Check your hourly rate, working hours, job duties, location and any deductions from your wages.
If you don't understand something, ask questions before signing.
What If Your Employer Threatens to Cancel Your Visa?
This is one of the reasons some migrants are too frightened to speak up.
If you hold an Accredited Employer Work Visa (AEWV), your visa will normally be linked to a particular employer, occupation and location.
Unfortunately, some employers use this to make workers feel they have no choice but to accept poor treatment.
Your employer cannot personally cancel your visa or decide whether you are deported.
Those decisions are made by Immigration New Zealand.
However, if your employment ends or you want to change jobs, there may be immigration implications that you need to understand.
This is why I recommend getting independent immigration advice before making any decisions about your visa or employment.
What Should You Do If You Think You're Being Exploited?
Firstly, don't feel that you have to deal with it on your own.
There are organisations in New Zealand that can help you.
A few things I would recommend:
Keep records. Hold on to your employment agreement, payslips, bank statements, rosters, timesheets and any messages from your employer. If you're not receiving payslips, ask your employer for a breakdown of your pay and hours worked. If something happens that concerns you, write down what happened and when.
Talk to someone you trust. This could be a friend, family member or someone in your community. Having support can make a big difference.
Report your concerns. You can report migrant exploitation to Employment New Zealand. You don't need to have everything figured out before asking for help.
You can contact Employment New Zealand on 0800 200 088 or visit their migrant exploitation information page.
Interpreters are available if English isn't your first language.
If you're in immediate danger, call 111.
What Happens to Your Visa If You Report Exploitation?
This is often the biggest concern for migrant workers.
New Zealand has a Migrant Exploitation Protection Work Visa (MEPV), which may be available to eligible migrants who have reported exploitation.
If you qualify, this visa can allow you to leave your employer and work elsewhere in New Zealand while you consider your next steps.
There are specific requirements you need to meet, including having a current work visa that names your employer and receiving a Report of Exploitation Assessment Letter from Employment New Zealand.
The visa is free and can be granted for up to six months. You need to apply within one month of receiving your assessment letter.
Not everyone will qualify, so it's important to understand what options are available in your particular situation.
You can read more about the Migrant Exploitation Protection Work Visa on Immigration New Zealand's website.
Please Don't Be Afraid to Ask for Help
I understand that for many migrant workers, their job is more than just employment.
It's how they support their family, pay their bills and build a future in New Zealand.
The thought of losing that can be frightening, particularly when you've spent so much money and made so many sacrifices to get here.
But you should never feel that you have to accept being treated badly just because you're on a temporary visa.
If something doesn't seem right, ask questions and get independent advice.
A Final Message
If you just take one thing from this blog, remember never pay anyone for a job offer. They will be taking advantage of you.
If you're thinking about coming to New Zealand for work, please do your research.
Make sure you understand who you're going to work for, what you're going to be paid and what your employment conditions will be.
And if you're already here and concerned about how you're being treated, please reach out for help.
At Navigate Immigration Services, I believe in treating people the way I would want to be treated and I want migrants to feel comfortable asking questions and understanding their rights.
📧 jo@navigateimmigration.co.nz 📞+64 27 477 2088
👩💻 www.navigateimmigration.co.nz
