CAB helps the fight against migrant exploitation

A CAB volunteer interviews a client.

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!

It is very important that migrant workers keep themselves safe. There is guidance on the employment.govt.nz website to follow. This is to assist in avoiding bad employers, or can help show that the employer is exploiting the worker. It's quite an extensive list, but an interesting one to read. It includes things like:

• Do not pay to get a job. This is against the law.

• Be aware that just having a job does not guarantee a path to residency or citizenship.

• Keep records of pay and hours worked and any exploitation experienced.

Some employers know that migrant workers may be afraid to make a complaint, especially if they are working unlawfully or are worried they may be deported. Some employers use this fear to take advantage of migrant workers. This is wrong. The New Zealand Government wants to stop employers from exploiting migrants. So again, do not be afraid to ask for help. The Citizens Advice Bureau can guide, assist and support.

So, what is the Government doing about this problem?

Immigration.govt.nz has developed a migrant exploitation protection work visa. Migrant workers can apply for this visa if they have an employer supported work visa and have reported exploitation. This visa allows them to leave their job quickly while the exploitation is being investigated. They are also allowed to find another job, anywhere in New Zealand for any employer, and stay for up to six months.

New Zealand Immigration also have set up an accreditation that employers can get to enable them to hire migrant workers for up to three years. This is called the AEWV – Accredited Employer Work Visa. This is a new temporary work visa that was introduced 4th July 2022. The employer must meet criteria to show they are a good employer for migrants.

There are different types of accreditations depending on the business and the number of migrants the employer wants to hire. This is a great way to protect not only the migrant workers but also the employer. It also has come at the right time, with the New Zealand borders reopening in July.

There is a lot of information about this new visa online. The Citizens Advice Bureau in Napier has a fantastic volunteer who dedicates his work to immigration issues. So, if you have, or know of someone, who has concerns regarding immigration or migrant worker exploitation, contact us either by phone or email.

Unfortunately, we are currently short of volunteers due to Covid, therefore unable to see anyone in person. But anyone who wants to ask for advice can contact the Napier Citizens Advice Bureau in Bower House, Bower Street, Monday to Friday 10am-2pm on 06 835 9664 or 0800 367 222 or send an email on napier@cab.org.nz. Confidentiality is always assured.