Do you remember the times before Covid? People were enjoying being able to travel the world. New Zealand benefited greatly from people coming to New Zealand, either as tourists or as migrant workers. Then Covid hit, and New Zealand closed its borders in an attempt to keep the deadly virus out. And initially it worked - but at at high cost. There were no tourists and there were no migrant workers.
Pre-Covid, when life was 'normal', tourists and migrant workers were just accepted as part of what went on. Many people probably didn't give it much thought. But there were issues going on behind the scenes. Citizens Advice Bureau (CAB) was aware of some migrant workers being treated unfairly, and in some cases, outright poorly. Now, thankfully, there have been some changes.
Migrants who are working unlawfully (without the appropriate work visa) and those on temporary work visas can be especially vulnerable to exploitation. Migrant workers have the same employment rights as other workers in New Zealand, and it is unlawful for an employer to exploit them (eg. by not allowing minimum employment rights). Minimum rights and responsibilities set out in law apply to all employees, even if they're not in an employment agreement. If you want to know more about the minimum rights of employees, look on our website cab.org.nz and search for minimum employment rights.
So what should happen if a migrant worker is being exploited in the workplace? Firstly, and probably most importantly, don't be afraid to ask for help. If you know of someone you feel is being exploited in the workplace, or you are a migrant worker yourself, report the situation to Employment New Zealand. They have a form that can be filled-in and sent, and they offer support and advice to the people affected. There are also interpreters if required. Or, contact CAB, and the volunteers there will be available to assist in any way possible.
So, you may be asking, what are common types of exploitation? The list at employment.govt.nz is quite long, but one of the main ones is not being given a written employment agreement or contract. There are others relating to pay – maybe they have been asked to pay a fee to get a job, or have to pay back part or all of the wages to the employer, or the pay is too little or does not cover all the hours worked. Also, working excessive hours with no breaks is exploitation, as is being given no time off and not being paid for public holidays or annual leave. Migrant workers may also be a victim if they are forced to do work that is not part of their job, such as cleaning. Some employers have been reported to have threatened to contact Immigration New Zealand to end the work visa or even threatened to harm the worker or their family. It sounds shocking, doesn't it – that this exploitation has happened in New Zealand!
