Hiring migrant workers brings significant obligations beyond standard employment law. Accredited employers must maintain compliance with immigration requirements or risk losing accreditation, facing penalties, and being unable to hire future migrant workers.
This guide covers the key obligations and how to stay compliant.
Overview of Employer Obligations
Accreditation Conditions
When you become an accredited employer, you agree to:
- Meet all employment law requirements
- Provide fair pay and conditions
- Not exploit migrant workers
- Maintain safe workplaces
- Report significant changes to INZ
Who Is Covered
Obligations apply to:
- All migrant workers you employ
- All work visas you've sponsored
- Your business operations
- Anyone acting on your behalf
Core Obligations
1. Employment Law Compliance
All migrant workers have the same employment rights as New Zealanders:
Minimum Standards
- Minimum wage (adult and training rates)
- Holidays Act provisions (annual, public, sick leave)
- Parental leave entitlements
- Notice periods
- KiwiSaver employer contributions
Employment Agreements
- Written employment agreement required
- Must reflect actual work arrangements
- Must match visa application claims
Health and Safety
- Safe working conditions
- Training and equipment
- Hazard identification
- Reporting obligations
2. Pay and Conditions
Matching What Was Claimed
- Pay at least what the Job Check specified
- Provide hours as claimed
- Role must match description
Median Wage Compliance Unless an exemption applies:
- Pay at or above median wage
- Monitor as rates change
No Unlawful Deductions
- Cannot charge recruitment fees to workers
- Cannot deduct for visa costs
- Legitimate deductions only (with consent)
3. Record Keeping
Maintain records of:
- Employment agreements
- Pay records (hours, rates, payments)
- Work visa details and expiry dates
- Working conditions
- Any relevant communications
Keep records for 7 years.
4. Reporting Requirements
Notify INZ of Changes You must report:
- Changes to business ownership
- Significant business restructuring
- Employee termination or resignation
- Changes to employee's role
- Issues with employee conduct
Annual Confirmation Some employers must confirm:
- Compliance with accreditation conditions
- Ongoing business operations
- Current migration employee status
5. Visa Verification
Before employment starts:
- Verify worker has valid work visa
- Confirm visa conditions allow the work
- Check visa expiry date
- Record visa details
Ongoing:
- Track visa expiry dates
- Support renewal applications
- Ensure continuous work rights
High-Volume Accreditation Obligations
Employers with High-Volume accreditation have additional requirements:
HR and Settlement Support
Must provide:
- Information about local area
- Settlement support for new arrivals
- Orientation to workplace
- Connection to community resources
Documented Systems
Must have:
- HR policies documented
- Settlement support plan
- Orientation procedures
- Training programs
Common Compliance Issues
1. Pay Below What Was Claimed
Problem: Worker receives less than Job Check stated. Risk: Accreditation review, penalties, worker complaints. Solution: Ensure actual pay matches or exceeds claims.
2. Role Changes Without Notification
Problem: Worker's duties change from what was approved. Risk: Work visa no longer valid for role, compliance breach. Solution: Notify INZ of significant role changes, apply for variation if needed.
3. Poor Record Keeping
Problem: Cannot demonstrate compliance when audited. Risk: Assumed non-compliance, accreditation at risk. Solution: Maintain comprehensive, organized records.
4. Visa Expiry Oversight
Problem: Employee works past visa expiry. Risk: Employing unlawful worker (significant penalties), employee issues. Solution: Track expiry dates, support timely renewals.
5. Employment Condition Breaches
Problem: Minimum wage, leave entitlements, or safety breaches. Risk: Employment law penalties, accreditation loss. Solution: Full employment law compliance.
INZ Compliance Monitoring
How INZ Monitors
INZ may:
- Conduct site visits
- Request documentation
- Interview employees
- Review pay records
- Follow up on complaints
Warning Signs for INZ
Triggers for closer scrutiny:
- Employee complaints
- Unusual hiring patterns
- Multiple employees on visas
- Previous compliance issues
- Third-party reports
Consequences of Non-Compliance
Minor Issues
- Warning letters
- Improvement requirements
- Increased monitoring
Serious Issues
- Accreditation suspension or revocation
- Inability to hire migrants
- Financial penalties
- Prosecution (serious cases)
- Public naming
Best Practices
Systems and Processes
Tracking System
- Visa expiry dates
- Employment agreement details
- Pay rate commitments
- Compliance deadlines
Regular Reviews
- Quarterly compliance checks
- Pay rate verification
- Record keeping audit
- Policy updates
Training
- Managers understand obligations
- HR aware of requirements
- Clear escalation procedures
Documentation
For Each Migrant Employee
- Visa copy and details
- Employment agreement
- Job Check/Job Token records
- Pay records
- Role change documentation
For Business
- Accreditation certificate
- Policies and procedures
- Settlement support plan (if high-volume)
- Compliance review records
Proactive Compliance
Before Issues Arise
- Regular self-audits
- Professional advice when unsure
- Report changes promptly
- Address concerns early
When Issues Occur
- Address immediately
- Document actions taken
- Report to INZ if required
- Seek professional help
Costs of Non-Compliance
| Consequence | Impact |
|---|---|
| Accreditation loss | Cannot hire migrants |
| Infringement fees | $500-$2,000 per breach |
| Court fines | Up to $50,000+ |
| Employment remedies | Back pay, compensation |
| Reputational damage | Public record |
Getting Help
When to Seek Assistance
Consider professional help for:
- Setting up compliance systems
- Complex employee situations
- Accreditation concerns
- Audit preparation
- Incident response
Professional Support
Available from:
- Immigration advisers
- Employment lawyers
- HR consultants
- Industry associations
Need help with employer immigration compliance? Find a licensed immigration adviser who specializes in employer obligations and can help maintain your accreditation.