However, despite our reputation for fairness and equality, migrant exploitation remains a significant issue in our workforce. Many migrant workers face unfair treatment, poor working conditions, and even coercion or threats from their employers.
The government has taken steps over the years to address this issue, implementing stronger laws and protections for migrant workers. Regardless, exploitation still persists, much of it flying under the radar.
In this article, we’ll provide an overview of migrant exploitation, covering its causes, signs, legal protections, and how to report it. We’ll also discuss how both migrant workers and employers can ensure fair and lawful employment practices.
What is Migrant Exploitation?
Migrant exploitation occurs when employers take advantage of migrant workers by violating their employment rights. This can include unlawful pay practices, unsafe working conditions, excessive work hours/overtime, visa-related coercion, and overall unfair treatment.
Migrant exploitation can take many forms, including:
Underpayment or Non-Payment of Wages
Paying workers below the minimum wage.
Not paying workers for overtime or public holidays.
Deducting wages unfairly (e.g., for accommodation, transportation, or visa costs).
Excessive Working Hours
Requiring workers to work long hours without breaks.
Making workers work far beyond their visa conditions.
Unsafe Working Conditions
Failing to provide a safe and healthy workplace.
Forcing workers to work in hazardous conditions without proper training or safety gear.
Visa-Related Exploitation
Threatening workers with visa cancellation or deportation if they complain.
Retaining passports or other important documents to control workers.
Workplace Harassment and Abuse
Subjecting workers to verbal, physical, or sexual harassment/abuse.
Creating a hostile or intimidating work environment.
Unlawful Employment Agreements
Providing false or misleading contracts.
Forcing workers to sign unfair agreements that limit their rights.
Industries where Migrant Exploitation is Common
While migrant exploitation can occur in any sector, certain industries are more affected due to high demand for low-skilled labour, seasonal work, and employer dependency.
Hospitality: Many migrant workers in restaurants, cafes, and hotels may face wage theft and unpaid overtime. Some employers also provide inadequate accommodation in exchange for work.
Agriculture & Horticulture: Seasonal workers, particularly those under the Recognised Seasonal Employer (RSE) Scheme, may be subjected to long hours, poor living conditions, and underpayment. Some employers also illegally deduct costs for accommodation and transport.
Construction: Many migrant workers in construction work excessive hours and are sometimes paid less than promised. Some do not receive proper safety training, increasing the risk of injury.
Retail and Cleaning Services: Migrants working in small retail businesses and cleaning companies often work long hours for below-minimum wages.
Legal Protections for Migrant Workers
New Zealand has strong labour laws designed to protect all employees, including migrants. These laws apply regardless of visa status.
1. Employment Rights Under New Zealand Law
All workers, including migrants, have the right to:
Be paid at least the minimum wage.
Receive holiday pay, sick leave, and rest breaks.
Work in a safe and healthy environment.
Be free from discrimination, harassment, and exploitation.
Join a union or seek employment help without fear of retaliation.
2. Immigration Protections
Employers cannot cancel a migrant worker’s visa.
Employers must comply with visa conditions and cannot force workers to violate them.
Visa holders can change employers if they experience exploitation.
3. The Migrant Exploitation Protection Work Visa
In 2021, the government introduced the Migrant Exploitation Protection Work Visa, allowing migrants who experience serious exploitation to leave their current employer, and find a new job without jeopardising their visa status.
4. Employer Accreditation and Compliance
As of 2022, the Accredited Employer Work Visa (AEWV), requires employers to be accredited to hire migrant workers. Employers must meet fair employment standards to maintain their accreditation.
Signs of Migrant Exploitation
Migrant workers should be aware of red flags, such as:
Being paid below minimum wage.
Being forced to work excessive hours without pay.
Having their passport or visa documents withheld.
Being threatened with deportation.
Living in poor conditions provided by the employer.
How to Report Exploitation
If a migrant worker experiences exploitation, they can seek help through several official channels:
Employment New Zealand: Visit Employment New Zealand’s website to file a complaint. You can also call them on 0800 20 90 20.
Immigration New Zealand: Migrants can apply for the Migrant Exploitation Protection Work Visa if they are in a vulnerable situation.
Labour Inspectorate: The Labour Inspectorate investigates employment law breaches, and can penalise exploitative employers.
Police: In cases of serious exploitation, human trafficking, or abuse, migrants should contact the police (111) immediately during an emergency. You can also use 105 in non-immediate emergencies, and file a police report online.
Conclusion
Migrant exploitation remains a serious issue in New Zealand, affecting thousands of workers across various industries and professions. While legal protections and reporting mechanisms exist to safeguard migrant workers, unfortunately, exploitation persists due to power imbalances, visa dependencies, and a general lack of awareness. To fight against exploitation, both migrants and employers should be aware of their rights, and responsibilities. Preventing exploitation requires collaborative efforts from politicians, businesses, workers, and the wider community.
If you or someone you know is facing migrant exploitation, seek help immediately through the official channels mentioned above, to ensure fair treatment and justice.
Mahi Law can Help!
Our expert team will help you understand your employment rights, and pursue resolution (including compensation) through various channels, such as: Without prejudice negotiations, mediation, the Employment Relations Authority, or Employment Court if required.
We also work on a no-win, no-fee basis – if we win your case, your employer covers the costs.
Get in touch for a free consultation! You can fill out this form – or contact us at [email protected], or 0800 450 032.
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