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employment-nz:resolving-problems-migrant-exploitationOfficial Employment NZ guidance: Migrant exploitation
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# Migrant exploitation Official source: https://www.employment.govt.nz/resolving-problems/migrant-exploitation Scanned: 2026-06-07T03:31:31.402Z Use this as a current official guidance reference, not as a substitute for legal advice. ## Page Text Home Resolving problems Migrant exploitation Resolving problems Resolving problems Problems in the workplace Misconduct Bullying, harassment and discrimination Illness and injury Migrant exploitation Work relationship problems How to resolve problems Protected disclosure Employment during and after disasters Addressing Holidays Act non-compliance Everyone Migrant exploitation Migrant workers have the same minimum employment rights as New Zealand workers. If you, or someone you know, is being exploited in the workplace, you can report it to us. Contact Immigration New Zealand for immigration advice Please note that Employment New Zealand does not provide immigration advice. If you need any information about your visa status and conditions, please contact Immigration New Zealand on 0508 558 855. They are open from 6am to 10pm Monday to Friday (NZT) excluding New Zealand public holidays. Other contact points for Immigration New Zealand can be found on the Immigration New Zealand website. Immigration New Zealand (external link) What is migrant worker exploitation? Migrant workers are exploited when their employer An individual or organisation that hires 1 or more employees and contracts them to work in exchange for wages or salary under a ‘contract of service’ (commonly called an ‘employment agreement’). 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 An observed day of national, religious, or cultural significance. Special payment rates and entitlements apply to 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 The lowest amount an employee can be paid per hour. There are 3 types of minimum wage: adult, starting-out and training. There is no minimum wage for employees younger than 16 years old. when it increased a deduction is made from your final pay you are owed money as a result of a genuine redundancy When an employee’s employment is terminated because their position has become surplus to the requirements of the business. Employers must follow a proper and fair process and consider redeployment options before making any positions redundant. , 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 Report migrant worker exploitation If you or someone you know is experiencing migrant exploitation, you can report it to us online using our Get Help form, or over the phone on 0800 200 088. Our contact centre is open Monday to Friday, 8.00am to 5.30pm except public holidays. If you would like to speak to someone in your language, call 0800 200 088 and say the language you speak. Interpreters are available for over 180 different languages. If you are in immediate physical danger, call 111 and ask for Police. We evaluate all reports and work with Immigration New Zealand to decide what action should be taken against the employer. This can include educating the employer or taking enforcement action against them. We can also provide you with help, advice and connection to support services necessary for your everyday life in New Zealand. Reporting migrant exploitation (external link) 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 Recognised Seasonal Employer (RSE) workers If you work in New Zealand on an RSE visa, you have specific rights. Your rights as an RSE worker - Immigration New Zealand (external link) 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 A written document setting out the terms and conditions of employment agreed by the employer and employee (also known as a ‘contract of service’). It can include other contractual documents and agreements made by the employer and employee. Every employee must have a written 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: Report exploitation online or over the phone Report exploitation as soon as possible. After 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 the behaviour is currently occurring or has recently occurred you are or have been recently 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 Protection Work Visa - 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) Published: 11 March 2024 Last modified: 26 January 2026 Written for: Everyone Share this page: Print this page:

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