New protections on way for vulnerable workers

Jannine O’Meara

EMPLOYMENT TODAY by Jannine O’Meara

The Worker Protection (Migrant and Other Employees) Bill received Royal assent on July 6, 2023 and will come into force on January 6, 2024.

The Act is the result of the Government’s Temporary Migrant Worker Exploitation review undertaken in 2020. Findings from the review revealed that almost one-third of migrant workers are at risk of exploitation. A new Migrant Exploitation Protection Visa was introduced as one of its initiatives to prevent migrant exploitation.

Employment New Zealand defines migrant worker exploitation as behaviour that causes, or increases the risk of, material harm to the economic, social, physical or emotional wellbeing of a migrant worker. This includes breaches of minimum employment standards or breaches of health and safety and immigration laws. It excludes minor and insignificant breaches that are not constant and easily remedied.

The Act amends the Immigration Act 2009, the Employment Relations Act 2000 and the Companies Act 1993, and is aimed at providing protection for vulnerable workers in New Zealand by introducing a penalty regime for employers of temporary migrant workers.

The Act is intended to address not only serious offending such as exploitation and people trafficking, but also lower-end non-compliance with minimum standards.

At the lower end of the scale, the Act amends the Immigration Act 2009 by introducing three new infringement offences punishable by fine:

■ Employing a person not entitled under the Immigration Act to work in the role;

■ Employing a person in a role or under conditions that are inconsistent with those provided in their visa application;

■ Failing to provide documents requested by immigration officers, who are now authorised to access employment papers.

The penalty for an infringement is $1000 or $3000 per infringement, depending on whether the employer is an individual or body corporate or other entity.

Employers will be required to comply with requests from the Labour Inspectorate to provide employment-related documents.

A penalty regime for offending at the lower end of the scale has been introduced. Previously the only avenue available to curtail infringement was criminal prosecution, which was expensive, time consuming and an inappropriate response.

Convictions for serious breaches of the law, such as exploiting migrant workers through forced labour, can now result in offenders being disqualified from managing or directing New Zealand companies.

Any employer convicted of an offence under the Act or issued with an infringement notice can now have their details and the infringement published on a public register.

■   Jannine O’Meara is a Business Central employment relations consultant for Hawke’s Bay and Gisborne. She has had extensive HR experience with Fletcher Challenge Forests and most recently with Wattie’s. Contact: jannine.omeara@businesscentral.org.nz or 022 454 1979