Protect yourself from exploitation

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.

What is exploitation?

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:

Not being provided with work when arriving in New Zealand. You should have at least 30 hours per week regularly.
Being paid less than the wage rate set out in your employment agreement and visa.
Being required to do substantially different work than set out in your employment agreement and visa. For example if you are brought to NZ as a chef, but your actual job is just cleaning the restaurant.
Being forced to work for free or help out the employer in their other business or personal activities
Being restricted on receiving outside advice from LIAs, lawyers, Citizens Advice Bureau and so on
Being restricted on movement. confined to your workplace, cannot change jobs, have your passport confiscated and similar actions.

How to avoid exploitation

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:

If you have had little input in the job application process, the job may not be genuine. Labour hire companies may manage the process for you, but there should be solid engagement from them if they are genuine.
If you have no experience or qualifications for the occupation that you are being hired for, this should be a red flag. The exception would be for jobs such as cleaners where experience and qualifications are less relevant.
extremely high cost (and possibly extremely low cost) may be indicative of a scam. The average range for a professionally managed work visa application is around $2000 ~ $4000 including the INZ fee. If the costs are significantly higher than this then it may be indicative of a scam
If the person processing your application for you is not a licensed immigration adviser or lawyer, then this may be indicative of a scam or potential for exploitation. Check LIA status here https://iaa.ewr.govt.nz/PublicRegister/Search.aspx and check lawyer's status here https://www.lawsociety.org.nz/
If you are asked to sign or create documents that are not true, or if your agent offers to provide documents for you without your input or verification, then this should be taken as a serious red flag
You are asked to pay a fee to secure the job. Fees may be payable for services such as application fees and so on, but not to secure a job.

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.

So you think you are being exploited, what do you do?

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.

Contact us directly dan@immigrate.kiwi.nz
Contact CAB https://www.cab.org.nz/find-a-cab/

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.

Government agencies to contact

Employment New Zealand

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.

MBIE Mediation Service

If you have a dispute with your employer you can use MBIE’s free mediation service to help resolve it.

Mediation | Employment New Zealand

New Zealand Police

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.

Citizens Advice Bureau

The Citizens Advice Bureau (CAB) provides free advice on dealing with complaints and disputes.

Find a CAB | Citizens Advice Bureau

Community Law

If you need free legal advice, Community Law may be able to help.

Free legal help | Community Law

Unions

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