Migrant exploitation

What is migrant worker exploitation?

Migrant workers are exploited when their employer takes advantage of them or treats them unfairly and it causes harm to the worker. 

The harm can be:

• economic, for example, not being paid the right amount or at all
• social, for example, being isolated from other people
• physical, for example, being forced to work long hours with no breaks
• emotional, for example, being threatened or made to feel afraid.

When workers’ employment rights are not respected, or when employers don’t meet minimum employment standards, or meet health and safety or immigration requirements, workers are being exploited.

If you are in immediate physical danger, call 111 and ask for Police.

Common types of migrant worker exploitation

You may be experiencing exploitation if you:

• have to pay an amount of money or a fee to get a job
• have to give back part or all of your wages to your employer
• have to pay for or provide your own equipment that should be provided by your employer
• are paid too little or nothing at all for your work
• are not paid for all the hours you work
• are asked by your boss to say you have worked less hours than you have
• are made to work an excessive number of hours, with no breaks
• have no time off from work
• are regularly not paid for public holidays or annual leave.

You may also be experiencing exploitation if your employer:

• locks windows and doors in your workplace so you cannot leave
• makes you ask for permission to eat, sleep, or go to the toilet
• makes you do work that is not part of your job, like cleaning their home
• threatens to call Immigration New Zealand to end your work visa
• makes you work more hours than your visa allows
• provides unsatisfactory accommodation – for example, it is cramped or unsanitary
• threatens to harm you or your family if you don’t do what they ask
• subjects you to ‘fines’ if you do something wrong or that your employer does not like
• keeps your passport
• sexually harasses you (direct or indirect requests for sexual activity)
• provides you with accommodation as part of your wages/salary but makes you pay more for it than the law allows.

Deductions

What migrant worker exploitation does not include

If you have arrived in New Zealand to discover there is no employment for you, this is not migrant exploitation.

If you have experienced a minor or one-off breach by your employer, for example:

• your final holiday pay is unpaid
• your holiday pay has not been calculated correctly
• your employer has forgotten to increase the minimum wage when it increased
• a deduction is made from your final pay
• you are owed money as a result of a genuine redundancy, or because your employer has gone into liquidation or bankruptcy
• you have been legally terminated from your employment

this may not be migrant exploitation, but we can still help you.

Report this online or contact our service centre:

Contact us

When your employer goes into liquidation or bankruptcy

Do not be afraid to report exploitation

Some employers know that you may be afraid to report them, especially if you are working unlawfully or are worried you may be deported.

Some employers use this fear to take advantage of you. This is wrong. The New Zealand Government wants to stop employers from exploiting migrants. We want you to report any exploitation at work.

Do not be afraid to ask for help – we will treat you fairly and may investigate your claims. If there is exploitation happening, we may take action against your employer.

What happens when you report exploitation

We will review your report. 

If you agree to be contacted, we will get back to you as soon as we can. We will confirm the information you gave us and let you know how we can help.

Your minimum rights as a migrant worker

As a migrant worker, you have the same employment rights as New Zealand workers.

These rights apply to everyone and cannot be taken away – even if you are working illegally.

Employers can be fined and lose the right to employ migrant workers if they do not respect your rights.

Minimum rights of employees

Other languages

Minimum rights of employees - other language translations

How to keep yourself safe

To keep yourself safe, it’s important to follow the guidance below. This will help you avoid bad employers or help to show that your employer is exploiting you.

• Do not pay to get a job – it is against the law.
• Do not borrow money to get a job.
• Be careful of promises made by some employers’ immigration advisers, lawyers, or agents, particularly if they are located offshore or they ask you for money to get a job.
• Check the Immigration New Zealand website (link below) for advice on how to avoid immigration scams.
• Be aware that just having a job does not guarantee a pathway to residency or citizenship.
• Do not give your passport to your employer. Keep it and other documents in a safe place.
• Where possible, keep copies of your passport and New Zealand-issued visa.
• An employer must give you a copy of your employment agreement. Keep this in a safe place.
• Keep a record of all hours and days you work, and what you are paid, including:
  • the amount and dates you are paid, and
  • any amount your employer takes out of your pay.
• If you can, have your wages paid into a personal bank account. This protects your money and can help you keep track of your wage payments. If you are paid by cash, write down the date, time and who paid you the cash payments, and where possible get evidence of the cash being paid to you.
• Keep a record of any exploitation you believe you have experienced at your workplace. For example:
  • text, WhatsApp, WeChat, Zalo messages, emails and bank records where the employer or agent has requested payment from you for the job or asked you to make the payment to someone else’s bank account
  • photos, audio and video recordings can be good evidence of exploitation.

Protect yourself from immigration scams - Immigration New Zealand(external link)

Employee privacy

Migrant Exploitation Protection Work Visa

The Migrant Exploitation Protection Work Visa (MEPV) ensures migrants who meet the visa criteria can quickly leave exploitative situations and remain lawfully in New Zealand. The visa is valid for up to 6 months and cannot be extended. You can only get 1 MEPV based on a particular report of exploitation. You can apply for another MEPV later if you are exploited again by a different employer.

To begin the process of applying for the MEPV you need to:

1. Report exploitation online or over the phone

Once you report exploitation our team will assess your report and contact you.

We will need to speak with you directly when we are doing our assessment. You will be encouraged to provide as much information as possible about what may have happened to you.

When we assess your report of migrant exploitation we will check:

• that you are a temporary migrant worker:
  • you are currently in New Zealand
  • you hold a work visa which names your employer as part of your visa's conditions
• that exploitation is likely to have occurred:
  • the behaviour being alleged is behaviour which causes, or increases the risk of, material harm to your economic, social, physical or emotional wellbeing
  • the behaviour includes alleged breaches of minimum employment standards (set in minimum standards legislation) and including the Employment Relations Act 2000, or the Health and Safety at Work Act 2015, or alleged non-compliance under the Immigration Act 2009
  • the behaviour was carried out by your employer (or their representatives) that your visa is tied to
  • you have been working for the employer named on your work visa and your job offer was genuine
• that your report of exploitation is credible:
  • the report of exploitation contains specific and consistent details
  • the report of exploitation does not substantively contradict relevant information the Ministry of Business, Innovation and Employment holds
  • we have no good reason to believe exploitation has not occurred.

2. Get a Report of Exploitation Assessment Letter 

If we believe you have a credible complaint of migrant worker exploitation and you fit the assessment criteria above, we will provide you with a Report of Exploitation Assessment Letter (RoEAL).

3. Apply to Immigration New Zealand with your letter

You can use your RoEAL to apply to Immigration New Zealand for the Migrant Exploitation Protection Work Visa. The letter must accompany your application. You must apply for the MEPV within 1 month of the date the letter was sent to you.

Migrant exploitation - Immigration New Zealand(external link)

Other helpful services

Citizens Advice Bureau

The Citizens Advice Bureau (CAB) provides free advice on dealing with complaints and disputes.

Find a CAB - Citizens Advice Bureau(external link)

Crimestoppers

Crimestoppers is an independent charity that helps New Zealanders to fight crime, including migrant exploitation. 

Report an immigration offence – Crimestoppers(external link)

Victim Support

Free support for people affected by crime, suicide and traumatic events.

Victim support(external link)

Community Law

If you need free legal advice, you can contact Community Law.

Community Law(external link)

Unions

If you are a union member, your union can help you with exploitation issues and help ensure you are being treated fairly. They can also negotiate with your employer on your behalf.

Find Your Union - New Zealand Council of Trade Unions(external link)

Get support now - Public Service Association(external link)