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Writer's pictureBev Edwards

If your business employs migrant workers it must be legally compliant to be not at risk

The Worker Protection (Migrant and other Employees) bill is now law. It is aimed at strengthening protection for vulnerable workers in Aotearoa, New Zealand.

The legislation comes into force from the 6th January 2024 and amends the Immigration Act 2009, the Employment relations Act 2000 and the Companies Act 2024. It introduces a penalty regime to deter non-compliance with the rights of migrant workers and obligations by employers linked to exploitation.

Exploitation includes a range of non-compliance with employer obligations including forced and people trafficking.

Employers will be required to comply Labour inspector requests within 10 days of the request. Requests may include such things as the provision of contracts and policies.

Failure to comply with Labour Inspectorate requests within the required time may result in an infringement notice being issued.

The law change empowers the High Court to disqualify a person from being a Director of a New Zealand company where there has been a conviction of exploitation under the immigration act 2009 or trafficking in persons under the Crimes act 1961.

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