The government has announced modifications to the immigration system, to improve migrant workers’ protection. They will impose additional obligations and requirements on employers from the end of October, 2023.
Changes for accredited employers
Removal of 90 Day Trials for Accredited employer work visa holders
- For those working under an Accredited Employer Work Visa (AEWV), the 90-day trial period will no longer apply. The decision seeks to protect newcomers from dismissal while they are still adjusting to life in New Zealand. Those who already have an AEWV or have applied for one will still be subject to a 90-day trial period. It is still possible to have probationary periods.
New Job check requirements
There will be a new “Job Check” requirement, which states that the employment agreement cannot contain a 90 day trial-period clause.
New Accreditation standard
In addition, a new accreditation standard will be implemented that requires employers to commit to not using trial periods when employing AEWV holders. Employers who continue to terminate migrant employees based on a trial period risk having their accreditation revoked.
The new 90-day trial rule will not apply to:
- already-approved Job Checks, or
- migrants who already hold, or have applied for, an AEWV.
When will these changes apply?
From Late October 2023:
- You must remove the 90 day trial period from your employment agreements for job checks.
- Regardless of the submission date, a Job Check that is being assessed that has a trial period will be rejected, or Immigration New Zealand (INZ) may ask for further information.
More information on when the accredited employer changes come into effect will be made available soon by the government and INZ – we will update members accordingly and as soon as we have more information available.
Accredited employers who are ‘triangular employers’
Changes have also been announced for ‘triangular employers’ who employ migrants to work at other businesses’ premises.
- When applying for or renewing their Accredited Employer accreditation, ‘triangular employers’ must demonstrate their financial viability.
- “Triangular employers” who hire foreigners for building site work must have at least 35% of their staff made up of New Zealanders, up from 15% presently.
- This New Zealand workforce threshold will now be assessed at both the accreditation and Job Check stages.
The Government’s full release on the immigration announcements is here: https://www.beehive.govt.nz/release/more-support-victims-migrant-exploitation