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BCG Law Ph: 0800 83 83 83
Employment Law

Migrant Exploitation

Migrant workers are among the most vulnerable to exploitation in the workplace. If you have been underpaid, threatened, or mistreated because of your visa status, you have rights — and we can help you enforce them safely.

  • Your visa status does not affect your employment rights
  • Complaints can be made without risk to your visa in many cases
  • We work with immigration advisers where needed

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What is migrant worker exploitation?

Migrant worker exploitation occurs when employers take advantage of workers who are in New Zealand on visas, often because those workers fear reporting abuse due to concerns about their immigration status. Common forms of exploitation include paying below minimum wage, withholding wages, excessive working hours, unsafe conditions, threats relating to visa status, and forced labour.

All employees in New Zealand — regardless of visa status — are entitled to the same employment rights as New Zealand citizens and residents. The Employment New Zealand Migrant Exploitation Protection Work Visa allows migrant workers who are being exploited to change employers without losing their right to work while a complaint is investigated.

Your rights are protected

Reporting exploitation will not automatically jeopardise your visa. The Migrant Exploitation Protection Work Visa exists specifically to protect migrant workers who come forward. We can advise you on your options and connect you with the right support.

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How we can help you

We provide clear, practical advice and strong representation throughout your case.

Free assessment

We review your situation and give you an honest assessment of your legal options and the strength of your case.

Raise a grievance

We prepare and submit a formal personal grievance to your employer within the 90 day deadline.

Mediation support

We represent and support you throughout the mediation process to achieve the best possible outcome.

Tribunal representation

If mediation fails, we represent you before the Employment Relations Authority or Employment Court.

Compensation

We pursue the remedies available to you including lost wages, compensation for distress, and reinstatement where appropriate.

Ongoing advice

We keep you informed at every stage and are available to answer your questions throughout the process.

What the process looks like

Here is what to expect when you work with us on your case.

01

Free consultation

We start with a no obligation conversation to understand your situation and advise whether you have a viable case.

02

Gather evidence

We help you identify and compile the evidence needed to support your claim.

03

Raise a grievance

We prepare and send a formal grievance letter to your employer clearly setting out the basis of your claim.

04

Employer response

Your employer has the opportunity to respond. We review their position and advise on next steps.

05

Mediation

A mediator facilitates a confidential discussion between both parties. Most cases settle at this stage.

06

Resolution

Whether through settlement or a formal determination, we work to achieve the best possible outcome for you.

Restrictions & disqualifiers

There are some situations where a claim may be more difficult to pursue. We encourage you to seek advice before ruling out your options.

90 day time limit

You must raise your personal grievance within 90 days of the act or omission. This deadline is strict and missing it will likely end your claim.

Contractor status

If you were engaged as an independent contractor rather than an employee, the employment law protections may not apply in the same way.

Evidence

The strength of your case may depend on the evidence available. We can advise you on what evidence is needed and how to obtain it.

Contributory behaviour

If your own conduct contributed to the situation, this may reduce the remedies available to you, though it will not necessarily prevent a claim.

Existing agreements

Settlement agreements or deeds of release you have previously signed may affect your ability to raise certain claims. We can review any such documents.

Not sure if you qualify?

Don't rule yourself out before speaking to us. Contact us for a free assessment of your situation and options.

Experiencing exploitation at work?

You have rights regardless of your visa status. Contact us today for a confidential, free consultation — we will help you understand your options and take action safely.

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