10/05/2023
Migrant Workers: Exploitation and Raising Disputes
Migrant workers in New Zealand can face exploitation. Surani Associates offers expert advice on recognising and addressing exploitation, ensuring migrants know their rights and can safely raise disputes.
Migrant Workers: Exploitation and Raising Disputes
Our team at Surani Associates are experts in immigration and employment law, particularly in cases involving migrants living, working, and studying in New Zealand. Migrating to New Zealand can be life-changing, but unfortunately, migrant workers can sometimes face exploitation. It is crucial for migrants to understand when they are being exploited and know what steps to take.
Exploitation
In August 2022, the Education and Workforce Committee completed an inquiry into migrant exploitation in New Zealand and provided recommendations to the Government to improve protections for migrants.
Migrant exploitation includes behaviours and actions that cause economic, social, physical, and emotional harm to the employee. This typically occurs when an employer breaches their obligations towards their migrant employee, including meeting minimum employment standards, health and safety guidelines, and immigration laws.
Types of exploitation include:
No written employment contract/agreement
Returning wages to the employer
Issues with payment (underpayment or unpaid hours)
Long work hours with no breaks
No time off work
Needing permission to eat or use the toilet
Bullying and harassment
Exploitation is a serious crime. Employers who exploit migrant employees can face up to seven years in prison, fines up to $100,000, and be banned from hiring migrant workers in the future.
Raising Disputes
If you believe you or someone you know is being exploited, here are steps you can take:
Immediate Danger: Call 111 to contact the police.
Report Exploitation: Visit Employment New Zealand to report the issue.
Personal Grievance: Raise a personal grievance with your employer if treated unfairly.
Document Safety: Keep spare copies of your passport, travel documents, and visa in a safe place. It is illegal for your employer to take your passport.
Migrants will not be punished or deported for complaining about exploitation. Both Immigration New Zealand and Employment New Zealand can assist in taking action against employers. You may be eligible for a Migrant Exploitation Protection Visa, allowing you to stay in New Zealand for up to six months and leave your current exploitative job.
Alternatively, Surani Associates can provide advice to both employers and employees to prevent these issues from occurring.
Learn more about migrant rights and protections
How Surani Associates Can Help
At Surani Associates, we understand the challenges migrant workers face and are committed to providing expert advice and support. Our team ensures that you know your rights and can safely address any exploitation issues.
Why Choose Surani Associates?
Expertise: Our team is experienced in immigration and employment law.
Personalised Service: We offer tailored advice to meet your specific needs.
Comprehensive Support: From initial consultation to dispute resolution, we guide you through every step.
