AUCKLAND (Kashmir English): New Zealand’s Employment Court has ruled that employers cannot charge migrants money for offering them jobs, even if the payment is made outside the country.
The ruling clears up confusion over the Wages Protection Act 1983, which bars employers from charging workers for employment. The law also applies when money is paid overseas, the court has clarified.
Immigration New Zealand (INZ) said the ban covers payments made by workers themselves as well as money paid on their behalf by family members, friends or agents. Recruitment agents and others working for employers are also covered by the ruling.
Aaron Smith, INZ’s national manager for risk and verification, said the decision would help authorities tackle the exploitation of migrant workers.
Some people pay large amounts of money after being promised a job or help with residency in New Zealand. When the promised opportunity never comes, they can be left with debt and little chance of recovering their savings.
Smith said it does not matter where the payment is made, how much is paid or who receives the money. Charging someone to secure a job in New Zealand is unlawful.
Immigration New Zealand has asked people who have been tricked or pressured into paying for a job offer or visa support to report the matter.
The agency said it cannot return money lost in employment scams, but it can take action against employers and their representatives who charge migrants for jobs.
Employers and recruitment agents have also been urged to ensure their hiring practices follow the law, particularly when dealing with overseas recruiters.
Smith warned that those who exploit migrants for financial gain, including through fake job offers, could face consequences.
