Government moves to protect migrant workers

UNEMIG says the biggest barrier to migrant workers exposing abuse still not addressed.

Reports of alleged migrant exploitation in Christchurch – where a number of building companies are employing migrant workers to help with the rebuild has prompted the Government to change migrant worker rights.

The Immigration Amendment Bill, released in early October, extends coverage in sections of the Immigration Act that deals with offences against exploiting workers – such as underpayment, preventing workers from seeking information about their rights, preventing workers from leaving their job, seizing passports and preventing workers having outside contact – and the resulting penalties.

Previously, those sections only covered unlawful workers; going forward, they will cover lawful temporary workers as well. The bill also adds to the reasons listed for deportation in Section 161, to include deportation for exploitation of workers as described above, if the offence is committed within ten years of the employer themselves gaining a residence visa.

This comes off the back of a recent Labour investigation, which found one firm wasn’t giving its workers full wages, annual leave or public holiday entitlements.

While the Union Network of Immigrants (UNEMIG) says these changes and Labour’s investigations are a step in the right direction, spokesperson Dennis Maga is concerned it’s not enough.

“The changes do not address one of the biggest barriers for workers who speak out against abuse

He says the changes do not address one of the biggest barriers for workers, who speak out against abuse: “If migrant workers come forward to speak out about abuse and leave their exploitative situation, they will lose their work visa that is tied to that job.

“It’s not good enough to then simply go on to a visitor’s visa, with no ability to earn an income. All this does is risk workers going underground into unlawful work in order to survive.”

Maga suggested that, in these instances, migrant workers should have the protection of an open visa that allows them to find alternative work while their case is heard.

“Immigration New Zealand needs to be able to exercise greater compassion to migrant workers, who are willing to expose the bad practices of their employers but who fear for their ability to remain in New Zealand.”

Next month, Under Construction will feature an article on the employment rights issues the construction sector in Christchurch is facing as part of the rebuild. International evidence shows that rebuild operations too often result in underpaid and overworked employees and the article will explore the work being done by MBIE to prevent this.