Migrant exploitation can take many forms and it may not always be clear whether actions by an employer or an agent are normal business practices or may actually be exploitation. Just because an employer's actions are not pleasant or beneficial to you, it may not always mean that it is exploitation, but actions that are unfair will often be exploitation and if you feel something is unfair it is always best to check.
Keep in mind that for good employers as well it may be beneficial to double check that your plans would not be deemed to be exploitation by MBIE. Things that are fine for Kiwi workers may be picked up as being expolitation merely for the fact that the Immigration Act and Immigration Instrucions have sections which only apply to migrants and not New Zealand citizens.
Exploitation is quite broad but perhaps the best start is to think that it is action by the employer or their agent that is against New Zealand employment law and immigration law. The New Zeland Government also recognises that exploitation may also be from unrelated agents who have no relation to an employer, but are running a scam. The law provides for certain protections and obligations for workers and migrants so unlawful actions are often not difficult to identify.
Exploitation is most commonly seen in situations where the work is non-existent, very different to what is expected, or paid at a substantially lower rate than promised. It includes situations such as:
It is important to be aware of indicators of expoitation before it is too late. If migrants are able to identify potential expoitation before coming to NZ then it may be possible to avoid a bad situation or even to fix the situation so the job remains available, but with the exploitative factors are removed.
The most important thing that migrants can do at the beginning is to receive professional advice. By engaging with a professional it is firstly much more likely that any agents running a scam can be avoided because professionals will generally be wary about being associated with such agents. Secondly professional management of the visa application includes detailed checks of conditions, employment agreement and general approach to employment. Thirdly, having a relationship with a professional gives migrants a comfortable contact point to check on their situation afterwards if they feel something is wrong.
New changes in immigration law and policy are making it potentially very risky to not use a professional. More information here False and misleading information
There are several points which may be indicative of potential for exploitation:
These points are only indicative of exploitation, there may be situations where these do not apply and the process is genuine, but for most cases of exploitation we would expect to see one or more of the points above.
If you are unsure but you have a bad feeling about your situation, the first point of contact should be the profesisonal who handled your visa application. If this was done by an agent or non-licensed person such as your employer or someone else, then you should contact a licensed immigration adviser, Community law or Ctizens Advise Bureau (CAB) first because if the person who did your visa is actually complicit in exploitation they are not likely to help you. Even if you are just a little unsure, to check on the situation is usually free and anonymous.
The New Zealand Government also has agencies dedicated to protecting migrants, or can protect migrants as part of their daily work. If you are sure that you are being exploited and need to get help quickly, there is a list of these agencies and their contacts below (From INZ website).
There is also a migrant exploitation protection work visa, so if you are being exploited and fear being deported if you complain about your employer, there is a way to avoid this. It always pays to get advice early and make a plan if you want to spend longer in New Zealand. If you wish to change jobs to leave a bad employer, this is also possible, but be sure to discuss your options with a profesisonal beforehand.
Employment New Zealand provides confidential help and can take action against your employer.
To make a report to Employment New Zealand you can complete their online form:
Online Reporting Form | Employment New Zealand
Or you can call them on 0800 200 088. The Employment New Zealand Service Centre is open Monday to Friday, 8.00am to 5.30pm excluding public holidays.
If you have a dispute with your employer you can use MBIE’s free mediation service to help resolve it.
Mediation | Employment New Zealand
If you think you are a victim of migrant exploitation, you can also contact the New Zealand Police. If you are in immediate physical danger, call 111 and ask for Police.
Contact us| New Zealand Police
The Citizens Advice Bureau (CAB) provides free advice on dealing with complaints and disputes.
Find a CAB | Citizens Advice Bureau
If you need free legal advice, Community Law may be able to help.
Free legal help | Community Law
Unions can help you with exploitation issues and help ensure you are being treated fairly. They can also negotiate with your employer on your behalf.
Find your trade union | New Council of Trade Unions
PSA organising centre | Public Service Association