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employment

Employer accreditation for hiring migrants

Key Takeaway

Employer accreditation is a scheme allowing New Zealand businesses to hire migrant workers under the Accredited Employer Work Visa. It involves meeting specific criteria related to financial viability, compliance with immigration and employment laws, and making genuine job offers. Accredited employers must adhere to New Zealand's general employment standards, ensuring fair treatment and conditions for all employees, including migrants.

Employer Accreditation for Hiring Migrants in New Zealand

In New Zealand, employers wishing to hire migrant workers on certain visas, such as the Accredited Employer Work Visa (AEWV), must first become an 'accredited employer'. This accreditation scheme is designed to ensure that employers comply with New Zealand employment and immigration laws and genuinely intend to employ migrant workers for legitimate, productive work.

Purpose of Employer Accreditation

The primary purpose of employer accreditation is to protect both migrant workers and the integrity of New Zealand's immigration system. It aims to ensure that migrant workers are treated fairly and receive at least their minimum employment entitlements, and that employers are compliant with legal obligations [Source: Immigration Act 2009, s 3A].

Key Requirements for Employer Accreditation

To become an accredited employer, businesses must demonstrate they meet specific criteria, which generally include:

  • Financial Viability: The business must be financially stable and able to meet its financial commitments [Source: Immigration Regulations 2017, Schedule 1B, cl 3(2)(a)].
  • Compliance with Employment Law: Employers must have a history of complying with all relevant New Zealand employment laws, including the Employment Relations Act 2000, Minimum Wage Act 1983, Holidays Act 2003, and the Health and Safety at Work Act 2015 [Source: Immigration Regulations 2017, Schedule 1B, cl 3(2)(b)].
  • Compliance with Immigration Law: A good record of complying with immigration laws is required [Source: Immigration Regulations 2017, Schedule 1B, cl 3(2)(c)].
  • Good Faith Employer: The employer must be a 'good faith' employer, meaning they deal with all employees and potential employees in good faith. Under the Employment Relations Act 2000, the duty of good faith involves parties being active and constructive in establishing and maintaining a productive employment relationship, providing information, and engaging in robust and fair dealings [Source: Employment Relations Act 2000, s 4].
  • Genuine Job Offer: The employer must make a genuine offer of employment that aligns with New Zealand employment standards [Source: Immigration Regulations 2017, Schedule 1B, cl 3(2)(d)].

The accreditation process is managed by Immigration New Zealand and involves three stages for the Accredited Employer Work Visa: employer accreditation, a job check, and finally, the worker's visa application [Source: Immigration Act 2009, s 18].

Obligations of Accredited Employers

Once accredited, employers have ongoing obligations, which include:

  • Maintaining Compliance: Continuously complying with all employment and immigration laws [Source: Immigration Regulations 2017, Schedule 1B, cl 3(2)(b), (c)].
  • Job Checks: Before hiring a migrant worker on an AEWV, the employer must apply for and receive a 'job check' for the specific role. This involves demonstrating that the job genuinely exists, meets the minimum wage requirements, and has been advertised to New Zealanders where required, demonstrating that no suitable New Zealand citizens or residents were available [Source: Immigration Regulations 2017, Schedule 1B, cl 5-8].
  • Employment Agreements: Providing migrant workers with written employment agreements that comply with New Zealand law [Source: Employment Relations Act 2000, s 59].
  • Minimum Entitlements: Ensuring migrant workers receive at least the minimum wage [Source: Minimum Wage Act 1983, s 4], holiday pay and leave entitlements [Source: Holidays Act 2003, s 16, s 60], and other statutory protections.
  • Pastoral Care: Accredited employers may have obligations regarding the pastoral care and support of their migrant workers, particularly concerning accommodation and settlement information [Source: Immigration Regulations 2017, Schedule 1B, cl 3(2)(e)].
  • Information Provision: Providing migrant workers with specific information related to their employment rights and relevant support services in New Zealand [Source: Immigration Regulations 2017, Schedule 1B, cl 3(2)(f)].

Accreditation can be revoked if an employer fails to meet these ongoing obligations [Source: Immigration Act 2009, s 3A(4)].

Rights of Migrant Workers

Migrant workers employed by accredited employers have the same fundamental employment rights as all other workers in New Zealand. These rights are primarily established by the Employment Relations Act 2000 and include:

  • Fair Treatment: Protection against discrimination [Source: Human Rights Act 1993, s 21].
  • Minimum Wage: Entitlement to receive at least the minimum wage [Source: Minimum Wage Act 1983, s 4].
  • Leave Entitlements: Rights to annual leave, sick leave, and public holidays [Source: Holidays Act 2003].
  • Safe Workplace: A right to a safe and healthy workplace [Source: Health and Safety at Work Act 2015, s 36].
  • Dispute Resolution: Access to a fair process for resolving employment relationship problems [Source: Employment Relations Act 2000, s 103].

Interaction with the Employment Relations Act 2000

The Employment Relations Act 2000 is central to employer accreditation because it establishes the framework for employment relationships in New Zealand. The 'good faith' requirement for accreditation directly references the duty of good faith outlined in the ERA 2000, which applies to all aspects of the employment relationship [Source: Employment Relations Act 2000, s 4]. Accredited employers must adhere to all aspects of the ERA 2000, including fair recruitment, proper employment agreements, and effective dispute resolution processes, to maintain their accreditation and fulfil their obligations to all employees, including migrant workers.

When to Seek Independent Legal Advice

Employers seeking to understand the specific requirements for accreditation, their ongoing obligations, or facing compliance issues should seek independent legal advice. Migrant workers who believe their rights have been breached or have questions about their employment conditions are encouraged to contact relevant government agencies or Community Law Centres for free assistance. Legal professionals can provide tailored guidance based on individual circumstances.

Key Resources