How we can help
01
Provide you with information on your rights
02
Help you collect evidence of exploitation
03
Connect you with a free lawyer and other support
Understand your rights
Everyone in New Zealand has the right to:
01
A written employment agreement
02
Be paid at least the minimum wage of $23.15 per hour, or any higher wage written on your visa
03
At least 4 weeks of paid annual leave
04
Rest and meal breaks
05
Sick, bereavement, parental and domestic violence leave
06
Accurate wage and time records
07
Public holidays and 1.5 times your normal pay and sometimes an extra day off
08
To be treated fairly by their employer
Stories from others
Community Law Centres were able to help all of these migrants bring a successful employment case against their employer. Two cases settled at mediation, and one went to the Employment Relations Authority but was resolved by agreement before the hearing.
Each employee recovered money owing to them, and they changed their visa so it was no longer connected to their employer. Two of the employers are currently on government blacklists which means they cannot hire migrant workers.
If you’re being treated badly by your employer, and worried about losing your visa, we can help you
Migrant Exploitation Protection Visa
We know it is awful to be trapped in a job and feel you cannot leave because you will lose your visa and your right to be in New Zealand. However, your employer’s behaviour may mean it is not safe for you to stay in the job, or maybe the employer has fired you.
You have some options.
You can look for another job and transfer your work visa to the new employer (but they will need to be an accredited employer). The current list of accredited employers is here.
The advantage of transferring your visa is that you can usually keep the balance of the term left on your visa (which might be 2 or more years).
You can report the exploitation to the government. If they think it is likely your employment rights have been breached, they will let you apply for a
Migrant Exploitation Protection Visa (MEPV).
The main benefits of this visa are:
- it usually takes around 2 -3 weeks to be approved (in our experience), so you can leave your current employer quickly
- it is free, and you don’t have to provide medicals or police certificates
- it lets you work for any employer, on any wage above the minimum wage.
The main disadvantages of this visa are:
- you can only apply for it if your current visa is connected to your employer (eg your visa is an Accredited Employer Work Visa)
- you lose the balance of the term left on your current visa (eg if you have a 3-year work visa, and you apply for a MEPV in the second year, you lose the 2-years left on your 3-year work visa)
- it is only for 6 months and no extensions are permitted.
employers may not want to give you work when they see that your visa is valid only for 6 months and is an MEPV.
Community Law Centres can provide you with advice on your options
Get Free Help
Trained Lawyers
They can help with legal issues like missing wages and leave.
Privacy
They won’t share your information without your permission.
Collect Evidence
You can send your VERI-Mi app data to your lawyer for support.
Keep a Work Diary.
Use the VERI-Mi app to track your work, hours, and pay.
Download our app today!
