What does Migrant Exploitation look like and what can I do about it?
If you have come to New Zealand to work, you deserve to be paid properly and treated fairly. Migrant workers have the same minimum employment rights as other workers in New Zealand. Your employer cannot take those rights away because of your visa, your language, or where you come from.
Exploitation is not always obvious. You might receive a payslip that looks correct while being asked to hand some wages back. You might be told to work before clocking in, or warned that speaking up will put your visa at risk. If something about your work or pay does not match what you agreed to, take it seriously.
Here are some common signs that may mean your employer is taking advantage of you, and steps you can take.
You work more hours than you are paid for
Compare the hours you actually work with your roster, time records and pay. Do you start early to set up, stay late to clean, or work through a meal break, but only get paid for your scheduled shift? Are you told to clock out and keep working? Do your records show fewer days or hours than you worked?
For example, your employer may record 40 hours a week while expecting you to work 55. Even if you receive a salary, the hours you actually work matter. Your pay must meet at least the minimum wage for all hours worked, including extra hours. What your agreement says about additional hours and pay may also matter. Employers must keep accurate wage and time records.
It is a good idea to keep your own daily record of when you start, finish and take breaks. Save rosters, messages asking you to work extra time, and any timesheets you can access lawfully. Compare them with your bank deposits. A pattern across several pay periods can be easier to show than one disputed shift.
The job is different from what you were promised
An occasional reasonable change in duties does not automatically mean exploitation. But a major, ongoing gap between the job you accepted and the work you actually do is a warning sign, especially if your visa is tied to a particular job or employer.
For example, you might be hired as a chef but spend most of your time cleaning a private home. You might be promised full-time skilled work but receive few shifts, or be sent to work for another business. You may be told that you have no choice because your employer arranged your visa.
Check your employment agreement, job offer and visa conditions. Ask for any proposed change to your role, location, hours or pay in writing. If your work may fall outside your visa conditions, seek immigration advice promptly before changing jobs or accepting different duties.
Your pay records show more than you receive
A payslip, tax record or wage record might say you earned more than arrived in your bank account. There can be a legitimate explanation, such as tax or another lawful deduction, so first ask for a clear breakdown. But a made-up payslip or a record of hours you never worked can hide exploitation. It can also make it harder to work out what you are owed.
Look at the gross pay, deductions and net pay on each payslip, then compare the net figure with your bank deposits. Ask your employer for your wage and time records. Employees have the right to see the records their employer holds about their pay and hours. Keep copies of your own bank statements and any messages about cash payments. Do not sign a timesheet or pay record you know is false.
You have to give wages back or pay for your job
Your employer might pay the amount shown on your payslip, then demand part of it back in cash or by bank transfer. They might call it a visa fee, a recruitment cost, a donation, a loan repayment or a condition of keeping your job. They may tell you to pay someone else on their behalf. This can make an apparently correct payslip hide the amount you really keep.
Employment New Zealand lists having to return wages and paying to get a job as signs of migrant exploitation. It says workers should not pay to get a job. Lawful deductions can exist, but an employer cannot use a payment demand to disguise unpaid wages or make you buy the right to work.
Write down who asked for the money, when, how much and what they said it was for. Keep transfer receipts, withdrawal records and messages. If you paid in cash, record what happened as soon as you can. Do not feel that the absence of a receipt means you cannot ask for help.
Your employer uses your visa as a threat
Some employers say, “If you complain, I will have you deported,” or “No one else will hire you if you leave.” They may threaten to report you to Immigration New Zealand, refuse to give back your passport, or say you must accept unpaid work to protect your visa.
These threats are serious. Your employer does not personally decide whether you can stay in New Zealand. Visa conditions can still affect where you may work, so get reliable immigration advice before moving to a new employer.
There may be other warning signs too: no written employment agreement, missing breaks or leave, unsafe work, pressure to sign documents you cannot understand, or being told not to speak to an inspector. Any one issue may need checking. Several together can show a wider pattern.
What should you do if this is happening?
Put your safety first.
If you are in immediate danger, call 111. If you can, speak from a private phone or device your employer cannot access. You do not have to confront an employer who has threatened you before seeking help.
Keep a private record.
Write down your actual hours, duties, work locations, pay received and any demands for money. Save your agreement, job advertisement, visa details, rosters, payslips, bank statements, texts and emails. Keep copies somewhere you control. Stick to records you can access lawfully; do not take other workers’ private information.
Check what your employer has recorded.
Ask for your wage, time and leave records if it is safe to do so. Put questions about missing pay or different duties in writing. A simple message might say: 'I worked from 7 am to 6 pm on Tuesday, but my pay shows eight hours. Please check and explain the difference.' Keep the reply. You can seek advice first if raising it yourself feels unsafe.
Get independent help.
An employment advocate can assess unpaid wages, unfair treatment and possible personal grievances. If your visa is employer-specific, speak with a licensed immigration adviser or immigration lawyer about your conditions and options. Do not rely only on what your employer says your visa allows.
Report the exploitation.
You can report it to Employment New Zealand through its online reporting form or by calling 0800 200 088. Explain the hours you worked, what you received, any money you returned, the duties you performed and any threats. You can ask for language support. Reporting can help authorities investigate, even if you are unsure which employment rules have been broken.
Ask about visa options before you leave or start another job.
Some people on employer-supported work visas who report exploitation may qualify for a Migrant Exploitation Protection Work Visa. Eligibility and deadlines matter; the visa is not automatic. Immigration New Zealand’s current guidance says an eligible person must apply within one month of receiving a Report of Exploitation Assessment letter. Get advice for your own circumstances, especially if your visa is close to expiring.
You may also have a claim for unpaid wages or another employment remedy. Different issues can have different steps and time limits. If you think your employer has punished you for raising a concern, tell your adviser promptly.
It can be frightening to question an employer when your income, housing or visa feels tied to the job. Start by recording what has happened and talking to someone independent. At Mathews Walker, our employment advocates can help employees understand workplace problems, challenge unfair treatment and take steps to recover what they are owed. If you need help with migrant exploitation, get in touch today for a free consulation. MathewsWalker.co.nz | Employment Problems Solved | 0800 612 355
Disclaimer: The information provided in this blog is for general informational purposes only and should not be considered legal advice. While we strive to keep the information accurate and up to date, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the blog or the information, products, services, or related graphics contained on the blog for any purpose. Any reliance you place on such information is therefore strictly at your own risk. For specific legal advice tailored to your situation, please contact a qualified legal professional.
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