Contract Authentication: Tips for employers of Filipino workers

Contents

• What is Contract Authentication?
• Why is Contract Authentication important?
• Steps Employers Can Take to Help Their Workers Prepare
• Key Timelines and Processing
• Why Employers Should Be Proactive

As the 2024 Christmas season approaches, many of your Filipino workers may be looking forward to visiting their families back home in the Philippines. While this is a much-needed break for them, as their employer, it’s important to ensure that their re-entry to New Zealand after the holidays goes smoothly.

To avoid delays, contract issues, or potential immigration problems, it’s essential to understand the contract authentication process for Filipino workers.

This guide will help employers navigate the process and ensure your workers can return to New Zealand without any hassle, meeting all compliance requirements.

What is Contract Authentication?

Contract authentication is the process of having your Filipino workers' employment contracts officially verified by the Migrant Workers Office in the Philippines. This step ensures that the contract meets the necessary legal requirements. The authentication process:

• Confirms the validity of their employment.
• Ensures the terms and conditions of the contract are fair and compliant with labour laws.
• Protects the rights of Filipino workers as overseas employees.

Why is Contract Authentication important?

As an employer, ensuring your Filipino workers have their contracts properly authenticated before they leave for the Philippines is essential for several reasons:

1. Compliance with legal requirements

The Department of Migrant Workers (DMW) requires that the employment contracts of Overseas Filipino Workers (OFWs) be authenticated to confirm they comply with Philippine labour laws. This process ensures that the contract terms meet the legal standards of both the Philippines and New Zealand, protecting both the worker and the employer from any legal issues.

2. Ensuring smooth re-entry to New Zealand

For your workers to return to New Zealand without delays, they must secure an Overseas Employment Certificate (OEC), which is only issued after contract authentication. Without the OEC, Filipino workers may face significant delays or even be denied re-entry at immigration checkpoints in New Zealand.

3. Worker protection

Contract authentication also safeguards your employees by confirming they are not subject to contract substitution or other forms of exploitation. This process provides access to essential government benefits, including insurance, repatriation assistance, and medical support, ensuring the well-being of your Filipino workers while they are abroad.

Steps Employers Can Take to Help Their Workers Prepare

To ensure your Filipino workers can return to New Zealand smoothly after the Christmas break, here’s how you can assist them with the contract authentication and verification process: 

1. Prepare the Required Documents

Your Filipino workers will need the following documents to begin the contract authentication process: 

• Original signed employment contract between the employer and the worker.
• Addendum to the contract (or an insurance policy covering repatriation and medical evacuation if the addendum is not signed).
• Valid work visa and a passport (with at least six months validity before the intended return date).
• Recent pay slip as proof of current employment.
• A sworn statement from the worker, explaining how they were hired, and whether there have been any changes in employer or visa status.

2. Ensure Submission to MWO

For the contract to be authenticated, the documents must be submitted to the Migrant Workers Office (MWO):

• If your employee is based in Wellington, they can submit the documents in person at the MWO office.
• For employees outside Wellington, documents can be sent via NZPost courier with a self-addressed return envelope to receive the verified documents back.
• The contract verification fee is NZD16.00, and employers are encouraged to assist by covering this fee on behalf of their worker.

3. Remind Workers to Secure Their OEC

Once the contract is verified, your Filipino workers must register through the Department of Migrant Workers (DMW)’s Balik Manggagawa Online Processing System (POPS-BaM) to secure an Overseas Employment Certificate (OEC). This certificate is crucial for their re-entry into New Zealand, as it confirms that their employment and visa status are valid. 

Want to learn more? Read our article: How to get an Overseas Employment Certificate (OEC) for a Filipino worker.

Key Timelines and Processing

Typically, once the MWO has received your documents, the contract verification process takes seven working days. To avoid any potential delays, it’s wise to encourage your workers to complete the process well before their departure. This gives them ample time to secure their OEC and other necessary documents.

Why Employers Should Be Proactive

Being proactive in assisting your Filipino workers with this process not only ensures compliance but also fosters goodwill and helps maintain a strong relationship. Your involvement shows that you value their contribution and are invested in ensuring their return to work is as seamless as possible. 

By following these steps and assisting your Filipino workers with the necessary paperwork, you can help ensure they enjoy their holiday and return to New Zealand without any immigration or contract-related issues. It’s a small effort that makes a significant difference for both you and your employees.

By being mindful of these guidelines, you’re safeguarding your workforce and avoiding unnecessary disruptions to your business post-holiday.

This article has been updated. It was originally published August 15, 2023.