We know that certain groups are particularly vulnerable to exploitation, including those from low income countries, with limited English or low level skills, migrants working outside of their visa conditions (such as over stayers or those on visitor visas), migrants who need to hold jobs to remain in the country or gain residence; and international students.
Thank you for reading this post, don't forget to subscribe!Migrant exploitation encompasses a spectrum of non-compliance with minimum employment legislation (failing to pay or underpaying of wages, failing to provide holiday and annual leave, requiring excessive working hours), from ignorant non-compliance through to forced labour and people trafficking.
It is vital that our workplaces are safe, supportive environments for everyone who calls New Zealand home and MBIE was directed in 2018 to establish a work programme to sit alongside existing work to address temporary migrant exploitation.
At the 2020 election, Labour made a manifesto commitment stating that “Labour will continue our work to stamp out migrant worker exploitation with a focus on exploring the implementation of modern slavery legislation in New Zealand to eliminate exploitation in supply chains.”
As part of the Government’s initiative to combat all forms of exploitation, new measures came into force on the 1st of July 2021. The new measures included a new six-month Migrant Exploitation Protection Visa (MEPV), designed to support migrants to leave exploitative situations quickly and remain lawfully in New Zealand, as well as a dedicated 0800 reporting line and web form to make reporting migrant worker exploitation easier.
This has helped encourage migrant workers to report both current and historic instances of exploitation, by ensuring there are dedicated resources for migrant workers to report exploitation, access support services and leave the exploitative situation with the reassurance that their visa status will not be impacted. These changes have also ensured that the Labour Inspectorate and INZ have better visibility of where exploitation is occurring, to better target investigations and undertake enforcement and compliance action.
As of 28 February 2022, 678 reports of migrant exploitation have been received. This compares with 85 complaints in 2020/21, representing a substantial increase in exploitation being reported. Some reports are anonymous tip-offs often, such reports can be later followed up through proactive compliance checks on employers whilst protecting the identities of those reporting the breaches. The changes have been accompanied by promotional campaigns to increase awareness of these changes, the establishment of liaison support services to assist complainants to access a range of private and public support services, as well as the implementation of the joint compliance strategy between the Labour Inspectorate and INZ. MBIE officials are also working to finalise legislation to implement the remaining changes from the Migrant Exploitation review, which MBIE expects to be ready to introduce by mid-year.
In addition, the Education and Workforce Committee at Parliament launched an inquiry into migrant exploitation, to better understand the issue and to hear from those impacted. Submissions closed on February 3rd of this year. The Select Committee received 82 written submissions (55 individuals, 27 organisations), and hearings will be held in May. The work of the Select Committee will inform the Government’s work in this area.
Building on all of this work is the Former Refugees, Recent Migrants and Ethnic Communities Employment Action Plan. This plan aims to boost employment outcomes for former refugees, recent migrants and ethnic communities.
“These communities make up nearly 20 per cent of New Zealand’s population, however despite record low unemployment, too many members of those communities continue to face barriers that prevent them accessing and succeeding in the labour market – that needs to change.” Minister Radhakrishnan said.
The Action Plan brings together current and planned programmes of work across Government to provide better support for these groups to develop their skills, gain work experience and move into more sustainable and rewarding work, while reducing their chances of experiencing negative employment outcomes. – Marja Lubeck, Labour list MP based in Kaipara ki Mahurangi