Problems at Work? Common Issues and Available Solutions for Migrant Workers in New Zealand
If your visa is linked to your job, problems at work can affect both your income and your ability to stay in New Zealand.
As a migrant employee, you may be dependent on a single employer, which can make you particularly vulnerable to workplace exploitation. This can be made worse by language barriers and a lack of awareness of your basic employment rights.
If you are thinking about working, or are currently working, in New Zealand, this article outlines common issues for migrant workers and some of the solutions that may be available.
What type of work can I do on my visa?
Many migrant employees hold visas that restrict how they can be employed.
For example, an Accredited Employer Work Visa (AEWV) is a type of work visa which specifies who you (the visa holder) can be employed by in New Zealand.
AEWVs commonly include conditions that state who you can be employed by, what role(s) you can be employed in, the minimum hourly rate you are entitled to, and/or where in New Zealand you can work.
Common issues that arise in relation to work visas can include:
working for an employer other than the approved employer.
the employer changing the nature of your approved role.
being paid less than what your visa requires.
remaining employed once your visa has expired.
Employment problems can affect your visa status. Therefore, it is essential that you (and your employer) comply with the conditions of your visa. If you or your employer fails to comply with the terms of your visa, employment problems can quickly become immigration problems.
What are my rights as a migrant worker?
If you are working in New Zealand, you are entitled to minimum employment rights; regardless of whether you are on a work visa, resident visa, or another visa type with work conditions.
If your minimum employment rights are not being met, this may be considered exploitation.
It is important to understand that New Zealand law includes protections (among other things) that guarantee minimum wages, leave entitlements, and other minimum employment rights.
Warning signs of exploitation or underpayment may include:
not being paid for your work.
payslips not matching the hours you worked.
being asked to complete an unpaid trial or training period.
being asked to work extra hours without pay.
being asked to pay money to get or maintain employment.
being threatened, made to feel unsafe or afraid.
being isolated from other people.
As an employee, you should keep copies of your employment agreement, rosters, time and wage records, and correspondence with your employer. These records can be important if you need to take any legal steps in relation to your work.
Am I being underpaid?
The Ministry of Business, Innovation and Employment’s 2021/2022 Migrant Survey, found that 5% of migrant employees were asked to pay someone to get or keep a job. This, and other unauthorised deductions from your pay, may indicate that you are being paid incorrectly and could be experiencing exploitation.
Underpayment or incorrect pay can look like:
being paid less than minimum wage.
not being paid for all hours worked.
not receiving correct holiday pay.
having money deducted from your pay without consent.
What can I do if I have employment issues?
Employment problems are stressful, especially for migrant employees who might be required to work for a specified employer. If you have been fired or your job has been negatively impacted, we may be able to assist you in the following ways:
Raise a personal grievance
Employment issues can arise in many different ways.
Employment problems are commonly addressed when an employee raises a personal grievance against their employer.
A personal grievance is a legal complaint or dispute that an employee has against a current or former employer. An employee can also request mediation, which is the main dispute resolution mechanism for employment problems, with their employer.
For example, if your employer terminates your employment because you asked to be paid correctly, you have been unjustifiably dismissed. This is because you tried to enforce your minimum employment rights, which is not a legal reason for your employer to end your employment.
Remedies for a successful personal grievance include:
reinstatement of employment.
reimbursement of wages or other money lost.
compensation for hurt and humiliation.
For an overview of resolving employment dispute, please see our following article:
A Strategic Guide to Resolving Employment Problems | Young Hunter Lawyers
Varying your visa conditions
If you can no longer work for your approved employer or in your specified role stated on your visa, you may be able to apply to change your work conditions. Variation of Conditions (“VOC”) may be available.
A Variation of Conditions (or VOC) application can be made to change your specified occupation, employer, and/or location of employment. You can also apply to remove your employment conditions or apply to have part-time study conditions added to your visa.
Can I change my employer on my visa?
If you want to change employers, you may need INZ approval first.
For example, if you are on an AEWV, your new employer will need to be an Accredited Employer and have a valid job check “token”.
The job check “token” of your new employer will need to be the same as your current job.
If you are changing roles or work types (or your new role and job check token are not the same as your current job check token), you cannot apply for a VOC. Instead, you will need to apply for a new visa.
Can I apply for a new work visa?
If you are no longer able to meet the employment conditions on your visa, you may need to apply for a new work visa.
However, depending on what visa you currently hold and your current and/or prospective work, there may be restrictions on what type of visa you can apply for.
For example, if you hold an AEWV you will be subject to a maximum continuous stay period. If you have reached this maximum period, you will need to leave New Zealand for a certain timeframe before applying for a further visa of the same type.
Can I apply for a Migrant Exploitation Work Visa?
Exploitation can include when your employer takes advantage of you, treats you unfairly, or otherwise causes harm to you.
If you are experiencing exploitation as a migrant, you can report this to the Ministry of Business, Innovation and Employment via the online Get Help form or by calling 0800 200 088.
If you have made a report of exploitation about your employer and the Ministry has assessed that it is credible that exploitation has occurred, you may be able to apply for a Migrant Exploitation Protection Work Visa (“MEPV”).
You need to make an application for a MEPV within one month of having received a Report of Exploitation Assessment Letter from the Ministry.
A MEPV will be granted for 6 months or the duration remaining on your current work visa, whichever period is shorter. The exception is if there is less than one month on your current visa, in which case, a one-month MEPV may be granted.
How can Young Hunter help me?
If you are working in New Zealand, you are entitled to minimum employment rights. If you think your minimum employment rights are not being met or you are facing immigration issues, you do not need to deal with these issues alone.
Our employment and immigration lawyers can assist you with raising a personal grievance, reporting migrant exploitation, and/or dealing with issues regarding your visa conditions.
If you require assistance, please contact us on (03) 379 3880 or info@younghunter.co.nz
If you are in immediate physical danger, call 111 and ask for Police.
