e. people and workplaces that are adaptive in the face of economic transitions.

Similar documents
Forced labour Guidance note

Global Unions Recommendations for 2017 Global Forum on Migration and Development Berlin, Germany

Making multiculturalism work

Victims of human trafficking and Modern Slavery

No Longer Invisible:

INTERNATIONAL DIALOGUE ON MIGRATION 2009 INTERSESSIONAL WORKSHOP ON

FACT SHEET A FAIRER TEMPORARY WORK VISA SYSTEM

Labour Exploitation. Spotting the signs. Working in partnership to protect vulnerable and exploited workers

Submission for Universal Period Review of the United Kingdom 13 th Session, 21 May 4 June On Behalf of the Joseph Rowntree Foundation

Submission of the New Zealand Council of Trade Unions Te Kauae Kaimahi

Joint Standing Committee on Foreign Affairs, Defence, and Trade. Inquiry into establishing a Modern Slavery Act in Australia

Tool 3: Conducting Interviews with Managers

Combating Trafficking in Persons (CTIPs) What Contractors Need to Know

Use of the Delphi methodology to identify indicators of trafficking in human beings Process and results

Gender, labour and a just transition towards environmentally sustainable economies and societies for all

Submission to the. Parliamentary Joint Standing Committee on Foreign Affairs, Defence and Trade inquiry into Modern Slavery Act in Australia

Trafficking in Persons for Forced Labour

Immigration HIGHLIGHTS. Introduction. New Zealand Labour Party. Manifesto 2017

Tool 4: Conducting Interviews with Migrant Workers

LABOUR EXPLOITATION ADVISORY GROUP POSITION PAPER FLEX-LEAG APRIL 2016 LABOUR COMPLIANCE TO EXPLOITATION AND THE ABUSES IN-BETWEEN

THE SENATE BILLS. Fair Work Amendment (Protecting Australian Workers) Bill Second Reading SPEECH

WHY WE ARE REVIEWING THE ACT

Future of Work. Temporary Overseas Worker Policy

TEMPORARY FOREIGN WORKER PROGRAM

Protecting Migrant Workers in the Supply Chain

Modern Slavery and Labour Exploitation. Guidance and Requirements for Suppliers. Balfour Beatty UK January 2018

BRADY CORPORATION POLICY AGAINST FORCED LABOR AND HUMAN TRAFFICKING

Focus on Labour Exploitation (FLEX) Submission to the UN Special Rapporteur on Trafficking in Persons, Especially Women and Children

Regional brief for the Arab States 2017 GLOBAL ESTIMATES OF MODERN SLAVERY AND CHILD LABOUR

Focus on Labour Exploitation (FLEX) written evidence to the Department for Business, Energy and Industrial Strategy

Resolution concerning fair and effective labour migration governance 1

Prepared by: Ian Scott & Gabrielle Marchetti JobWatch Inc Legal Practice With the assistance of Alina El-Jawhari

COMMISSION OF THE EUROPEAN COMMUNITIES

Introduction to case studies: ILO Indicators of forced labour

Governing Body 320th Session, Geneva, March 2014

JCHR legislative scrutiny priorities for Modern Slavery Bill

MIGRATION BETWEEN THE UK AND THE EU

China-Australia Free Trade Agreement Safeguards

13th High Level Meeting between the International Labour Office and the European Commission. Joint Conclusions. Geneva, January 2017

EXECUTIVE ORDER STRENGTHENING PROTECTIONS AGAINST TRAFFICKING IN PERSONS IN FEDERAL CONTRACTS

2015 Global Forum on Migration and Development 1

Panel 3: Appropriate Identification, protection, and assistance to migrants and trafficking victims

IN THE EMPLOYMENT COURT AUCKLAND [2018] NZEmpC 110 EMPC 226/2017. A LABOUR INSPECTOR Plaintiff. PRABH LIMITED First Defendant

Organization for Security and Co-operation in Europe. Ambassador Madina Jarbussynova. OSCE Special Representative and Co-ordinator

Stakeholder Engagement Meeting Notes Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)

Modern Slavery Guidance

REPORT FORM PROTOCOL OF 2014 TO THE FORCED LABOUR CONVENTION, 1930

Government of Canada Integrity Regime

Committee on the Elimination of Discrimination against Women. Fifty-fifth session, 8-26 July 2013

Consultation on the Electronic Travel Authority

The Office of the United Nations Special Representative of the Secretary- General (SRSG) for International Migration

Modern Slavery and Labour Exploitation. Guidance and Requirements for Suppliers. Balfour Beatty UK September 2018

Trafficking for Labour Exploitation - Conceptual Issues, and Challenges for Law Enforcement

An introduction to safeguarding A briefing for Members

Second evaluation round. Committee of the Parties to the Council of Europe Convention on Action against Trafficking in Human Beings CP(2017)33

Temporary Work (Skilled) (subclass 457) visa

2011 HIGH LEVEL MEETING ON YOUTH General Assembly United Nations New York July 2011

Click to edit Master title style

World Vision International. World Vision is advancing just cities for children. By Joyati Das

High-level Breakfast Meeting on Decent Work and Fair Labour Migration

FRAMEWORK AGREEMENT ACCIONA INTERNATIONAL FEDERATION OF BUILDING AND WOOD WORKERS (BWI) CCOO DE CONSTRUCCIÓN Y SERVICIOS MCA-UGT

Overseas Players & Managed Migration. Immigration Rules (Home Office) January Emma Davis-Bidgood

Women and Economic Empowerment in the Arab Transitions. Beirut, May th, Elena Salgado Former Deputy Prime Minister of Spain

Are You Coming To The United States Temporarily To Work Or Study?

About half the population of the Kyrgyz

air recruitment initiative Fostering fair recruitment practices, preventing human trafficking Fand reducing the costs of labour migration

Are You Coming To The United States Temporarily To Work Or Study?

Annex 1 Eligible Priority Sectors and Programme Areas Norwegian Financial Mechanism

Modern Slavery Statement 2017

WAGE THEFT IN AUSTRALIA

Future direction of the immigration system: overview. CABINET PAPER (March 2017)

The Challenge of Human Trafficking and its links to Migrant Smuggling in the Greater Mekong Sub-region

Slavery, servitude and forced or compulsory labour. England and Wales Louise Douglas

Modern Slavery Bill House of Lords Second Reading 17 November 2014

RIGHTS, LABOUR MIGRATION AND DEVELOPMENT: THE ILO APPROACH

UN Secretary-General s report on. the Global compact for safe, orderly and regular migration. Inputs of the International Labour Organization

2015/16 Annual review of the Ministry of Business, Innovation and Employment

respect to the Committee s study of the Temporary Foreign Worker Program ( TFWP ).

Submission to the Standing Committee on Community Affairs regarding the Extent of Income Inequality in Australia

Annex 1 Eligible programme areas Norwegian Financial Mechanism

INTERNATIONAL TRAINING WORKSHOP ON THE IMPLEMENTATION OF CEDAW MIGRANT DOMESTIC WORKERS IN TAIWAN. By : Hope Workers Center, Regina Fuchs OUTLINE

The person shows other signs that they are being abused or controlled for example, the person:

Rights, Labour Migration and Development: The ILO Approach. Background Note for the Global Forum on Migration and Development

THE BALTIC SEA REGION: A REGION WITH DECENT AND MODERN JOBS

Employment and Immigration

THE ROLE OF TRADE UNION IN REDUCING CHILD LABOUR

GUIDELINE 3: Empower migrants to help themselves, their families, and communities during and in the aftermath of crises

ASTRAZENECA GLOBAL STANDARD EXPECTATIONS OF THIRD PARTIES

Growing stronger together.

2 nd WORLD CONGRESS RESOLUTION GENDER EQUALITY

Annual Situation Report Trafficking in Human Beings published by the Bundeskriminalamt. Nicole Zündorf-Hinte, BMFSFJ

Presidential Documents

Migrant Rights Centre Ireland Strategic Plan

Submission on Exposure Draft New Offences Criminal Code (Forced Labour, Servitude, Forced Marriage, Deceptive Recruiting)

Thematic Workshop on Migration for Development: a roadmap to achieving the SDGs April, 2018

ZACATECAS DECLARATION 15 October 2004

OUR HISTORY MEANS YOUR FUTURE IS IN SAFE HANDS

A Risky Business Accountability of Manpower Agencies in Nepal. Eleanor Taylor-Nicholson, Sarah Paoletti, Bandita Sijapati and Bassina Farbenblum *

Trafficking in human beings in the domestic work sector in the Netherlands: a hidden phenomenon

Anti-human trafficking manual for criminal justice practitioners. Module 13

Transcription:

Background Addressing migrant exploitation is a key Government priority 7. Addressing migrant exploitation is a key Government priority. We have committed in our coalition agreement to take serious action on migrant exploitation, particularly of international students. This connects to our overall vision of improving the wellbeing and living standards of New Zealanders through productive, sustainable and inclusive growth. A number of broad objectives contribute to this vision, including: a. improving aggregate labour productivity; b. lowering unemployment and underemployment across all regions, ages and ethnic groups; c. decent jobs (productive, healthy and safe) which have higher wages and better security; d. higher skilled and more resilient workers that have access to lifelong learning; e. people and workplaces that are adaptive in the face of economic transitions. 8. Migrant exploitation encompasses a spectrum of non-compliance with minimum employment legislation, ranging from ignorant non-compliance through to forced labour and people trafficking. 9. Exploitation of temporary migrant workers takes many forms, including bullying, withholding passports or money, making employees ask permission to eat, sleep or go to the toilet, not paying employees the right amount (or at all), forcing employees to pay off a debt, or issuing threats to the employee or their family members. 10. The types of migrants vulnerable to exploitation include those who are: a. from low income countries or who have limited English or low level skills, or who lack independent means to support themselves; b. migrants working outside of their visa conditions (for example, overstayers or people on visitor visas); c. migrants who need to hold jobs to remain in the country, and potentially to gain residence; d. international students. 11. I want to ensure that our employment and immigration systems work well to protect the working conditions of all workers in New Zealand, including temporary migrant workers. 12. I have directed MBIE officials to lead in-depth policy work to address temporary migrant worker exploitation, in preference to an inquiry approach. This will demonstrate that addressing temporary migrant worker exploitation is a key priority area for this Government, while avoiding the substantial costs and longer timeframes that would result from an inquiry approach. 2

It is important to address temporary migrant exploitation given its social and economic implications 13. Alongside the direct impacts on migrant workers themselves, exploitation has negative impacts across New Zealand s labour market as well as other societal costs. These include: a. Distortion of competition businesses which are compliant with legislation may find themselves undercut, or even rendered unsustainable, if competitors are able to continue exploiting staff. b. Failure to comply with required business practices firms which exploit workers are more likely to be non-compliant with business regulation. For example, even if taxes are paid correctly on amounts earned, if staff are underpaid that represents a loss to the Crown from the potential tax on the unpaid earnings. c. Facilitation of crime exploitation of migrants can be associated with other offending, such as money laundering or fraud, including fraudulent immigration activity. d. Reputational and broader community damage New Zealand enjoys a reputation as a safe, secure, and non-corrupt country. This helps provide a competitive advantage for New Zealand as a whole, attracting businesses and investment. Migrant exploitation has the potential to damage this reputation and undermine broader community values of fairness and compliance with the law. In particular, it can risk the sustainability of international education, our fifth largest export earning industry. e. Health costs employers who are non-compliant with employment law are more likely to be non-compliant with health and safety regulations, placing all of their employees at risk of injury. Further, when victims of exploitation are identified they may need health support, such as counselling. f. Compliance and enforcement costs investigating, bringing claims against employers for minimum wage breaches and prosecuting exploitation imposes costs on the taxpayer, including agency staff resources and court costs. g. Not meeting our international obligations New Zealand has committed to a range of international human rights obligations regarding the treatment of workers and our most vulnerable people, including migrants. 14. The vulnerability of temporary migrants to exploitation in the labour market is a policy issue that has received attention from international agencies (such as the International Labour Organization), countries with which we trade (such as the European Union) and government agencies responsible for migrant welfare in a range of jurisdictions. The policy work will look at the international picture and examples of what other jurisdictions are doing to mitigate or prevent exploitation. The full extent of exploitation is hidden but Immigration New Zealand and the Labour Inspectorate are dealing with increasingly complex cases 15. There are a number of barriers to temporary migrants reporting exploitation, which mean that it is difficult to fully assess the scale of this exploitation in New Zealand. These barriers include cultural norms and values (which can include expectations of poorer working conditions or reluctance to challenge seniority), lack of knowledge of entitlements under New Zealand law (including minimum employment standards), debt bondage (providing services to repay a debt that may never be fully repaid), and complicity in non-compliance with New Zealand law (including immigration offending) in order to gain a pathway to residence. 3