Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Migration for Employment Convention (Revised), 1949 (No. 97) - New Zealand (Ratification: 1950)

The Committee notes the observations of the New Zealand Council of Trade Unions (NZCTU) and of Business New Zealand (Business NZ) attached to the Government’s report, as well as the Government’s reply thereto.

Article 6(1)(a)(i) of the Convention. Equality of treatment with respect to conditions of work. The Committee had previously requested the Government to examine the alleged abuse regarding working conditions and unpaid wages of migrant workers in horticulture and viticulture, as well as in food and other services. The Committee notes that both Business NZ and the NZCTU value the benefits of the Recognized Seasonal Employer (RSE) Scheme for horticulture and viticulture, but that the NZCTU remains concerned over the range and extent of problems relating to the exploitation and treatment of migrant workers and international students working in fast food and hospitality, and horticulture. The NZCTU also recommends that the potential benefits of the RSE Scheme be examined for the food and dairy sectors given the increased dependence of the dairy industry on seasonal labour.

The Committee further notes that according to the NZCTU, many complaints of migrant workers relate to prejudices by employers and the expectation that migrant workers will accept lower pay rates, in some sectors below the minimum wage. The Committee notes that the Government recognizes that migrant workers may indeed face difficulties in complaining about wages and conditions of work because of the dependency on their employer for continued stay and employment. The Committee notes from the Government’s report that in the period 2010–11, labour inspectors (including those dealing with RSE issues) completed 2,435 minimum standards investigations, and undertook 2,077 information and workplace assessments to promote good employment practices, of which 19 per cent were in relation to workplaces employing RSE workers and 25.7 per cent related to migrant businesses or workplaces employing other categories of migrant workers; labour inspectors undertook 38 visits in horticulture and viticulture businesses focusing on minimum employment rights and accommodation. The Government also indicates that on 1 December 2011 a prioritizing system was introduced for labour inspectors focusing on employees who are more vulnerable to violations including migrant workers, and that in 2012–13 activities were to focus on assisting RSE workers to access information and make complaints including through union representatives and their country representatives in New Zealand. With respect to migrant students, the Committee notes that the Ministry for Business, Innovation and Employment (MBEI) is taking measures to address the concerns relating to the conditions and unequal treatment of international students in the labour market through enhanced monitoring and enforcement (operational response), as well as a policy review. The policy review aims to identify the size and scale of the problems associated with the employment of migrant students, and the Government anticipates that the findings of the review will also shed light on the measures needed to ensure the application of New Zealand’s employment law and minimum conditions for other migrant workers. The Committee requests the Government, in cooperation with employers’ and workers’ organizations, to examine the benefits of extending the RSE Scheme to the dairy and food sectors, and provide information on the results achieved. It also requests the Government to indicate the outcome of, and any follow-up given to, the operational response and policy review relating to migrant students in the labour market, and to provide information on any of the measures to improve the conditions of work of migrant workers in horticulture, viticulture, food and hospitality and other services. The Committee requests the Government to provide information, disaggregated by sex, on the number and type of violations detected or complaints received by the labour inspectorate and any decisions handed down by the courts involving violations of Article 6(1)(a)(i), as well as sanctions imposed and remedies provided. Please provide information on the number of seasonal and temporary migrant workers that have been allowed to remain in New Zealand to make a formal complaint under the relevant legislation, and any further measures taken to facilitate access to complaints processes and the impact thereof.

The Committee is raising other points in a request addressed directly to the Government