Being exploited by your employer on a work visa: how to report it and what protects you

What counts as exploitation?

Employment New Zealand says exploitation is when an employer takes advantage of a migrant worker or treats them unfairly, causing economic, social, physical or emotional harm. Examples:

• Paying money to get the job, or handing back part of your wages.
• Being unpaid, underpaid, or not paid for all hours worked.
• Excessive hours with no breaks or days off.
• Your employer keeping your passport, or locking you in.
• Threats, including threats to report you to Immigration NZ or to harm you or your family.
• Unlawful 'fines', unhealthy accommodation, or sexual harassment.
• Being made to work more hours than your visa allows.

Your rights, whatever your visa

• Minimum wage, holidays, written agreement, breaks and safe work apply to everyone working in New Zealand, including if you're working illegally.
• Your employer must pay all recruitment costs inside and outside New Zealand. You may still have to pay the visa application fee, immigration agent costs and airfares.
• INZ says you can complain about your treatment at work without it affecting your visa.
• Employers who exploit workers can face penalties and lose their accreditation.

How to report

1. Call Employment New Zealand on 0800 200 088 (Monday to Friday, 8.00am to 5.30pm, except public holidays). Say your language and an interpreter will be arranged (over 180 languages).
2. Or use the online form at gethelp.employment.govt.nz. Fill in all questions marked with an asterisk.
3. If you're in immediate physical danger, call 111 and ask for Police.
4. Report as soon as possible. Employment NZ assesses every report and works with INZ against the employer.

For a general employment-law question (not exploitation), the Employment NZ number is 0800 20 90 20.

The Migrant Exploitation Protection Work Visa (MEPV)

• Free (NZD $0) and lasts up to 6 months. It cannot be extended.
• Open work: any employer, in any legal job (under an employment agreement or contract for services). You can't run your own business, take a permanent job, or leave and re-enter NZ on it (leaving ends the visa).
• You must be in New Zealand, have reported the exploitation, hold a current work visa naming your employer, and be of good health and character.
• Steps: report, get a Report of Exploitation Assessment Letter, then apply to INZ within 1 month of that letter.
• You can't include a partner or children, but they may apply for their own visas.
• Employment NZ says you can get only one MEPV per report of exploitation, and can apply again if exploited by a different employer.
• Employment NZ says minor or one-off breaches (such as incorrectly calculated final holiday pay or a missed minimum wage increase) may not count as exploitation, but it can still help. Ask Employment NZ if you are unsure.

If you may have breached your visa conditions because of the exploitation, tell Employment NZ and INZ and get advice from a licensed adviser.

Other people who can help

• Citizens Advice Bureau: 0800 367 222 (translated information).
• Community Law Centres: free legal advice.
• Your union, if you have one.
• Victim Support and Crimestoppers.
• A licensed immigration adviser for visa questions.