Paid time for migrant worker training on worker rights in NZ
In the new Accreditation 2022 changes, Employers now must allow migrant workers time during paid working hours to complete employment NZ online modules which educates migrants around their employment rights.
The employer must ensure everyone making decisions around recruitment completes these employment NZ online modules on employment rights and understands what is lawful and what is exploitative.
Employers may not charge skilled workers from overseas for any part of the recruitment process
The employer hiring the migrant must pay all recruitment costs for both in New Zealand and outside of New Zealand. We have seen many businesses throughout New Zealand loading this cost onto the worker once they arrive in New Zealand and making deductions in their wages. This is unlawful and employers conducting this will have their accreditation revoked.
Recruitment costs include related expenses, such as advertising, recruitment agency fees, immigration, fees for the employer, job check applications, trade testing and tools that the company actually owns.
Note that this doesn’t include migrant worker airfares although for some countries, this is actually a requirement by the country or origin. Please check with an expert.
An employer may not charge fees outside New Zealand which would be illegal if charged in New Zealand. As an example, payment to secure a job, bonding agreements unlawfully binding workers to a business, or deductions of any nature that are unreasonable or not agreed in writing.
Migrant worker settlement requirements
Migrant workers need assistance with work related settlement information. RecruitNZ’s International Recruitment Consultants can assist with this. Settlement information includes things such as how to apply for an IRD number, relevant industry training and qualification options and information, industry or job hazards.
Employers must also provide migrant workers with local services and community information for places such as accommodation, transport, cost of living, how to access the local health care services, Citizens Advice Bureau, religious and community or migrant groups.
Record keeping requirements
The employer must keep records during accreditation to show that the immigration New Zealand requirements are being met. When an employer submits the application with immigration New Zealand they must complete a declaration that these things will be completed during the accreditation. The employer must confirm using the declaration that they have completed these before they apply for their next accreditation application.
All of this information being provided to workers must be recorded these commitments could include something as simple as the migrant worker signing a register in providing evidence to immigration New Zealand in email records between the employer and the migrant worker.
If you do any of the above and these are confirmed by you by declaration immigration New Zealand will revoke your accreditation if breaches are found. You will then not be legally eligible to recruit migrant workers.
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