Do Migrant Workers Have the Same Employment Rights in New Zealand?
Ron Mckenzie | December 16, 2025
Migrant workers play a vital role in New Zealand’s workforce. Many, however, are unsure about their employment rights, visa protections, and how to respond if treated unfairly.
The good news is that migrant workers have the same legal employment rights as any other employee in New Zealand, regardless of nationality or visa type. This guide will help you understand your rights, identify workplace exploitation, take action, and protect your job and visa.
Employment Rights for Migrant Workers in New Zealand
Under the Employment Relations Act 2000 and related laws, all employees—including migrants—are entitled to:
- Minimum wage: Every worker must be paid at least the statutory minimum.
- Leave entitlements: Annual leave, sick leave, public holidays, and parental leave.
- Safe work environment: Employers must provide safe and healthy workplaces.
- Fair treatment: Protection against unfair dismissal, discrimination, and harassment.
- Redundancy pay: Eligible employees may receive compensation if their role becomes redundant.
Written employment agreements: Employers must provide a contract outlining pay, duties, and working conditions.
Alert: Migrant workers cannot be paid less or treated unfairly because of their visa status or nationality. Violations can be reported to Employment New Zealand.
Common Challenges Migrant Workers Face
Even with legal protections, migrant workers may experience:
- Confusion About Rights: Difficulty understanding what leave, pay, or protections apply.
- Exploitation & Underpayment: Some employers may attempt to avoid redundancy pay or pay below minimum wage.
- Discrimination & Harassment: Unfair treatment due to ethnicity, nationality, or visa type.
- Language Barriers: Difficulty understanding contracts, policies, or workplace instructions.
- Visa Concerns: Fear that reporting exploitation could impact visa status.
Tip: Always keep records of pay slips, contracts, and workplace communications. This documentation is crucial if you need to report an issue or lodge a personal grievance.
Visa-Specific Protections for Migrant Workers
Certain visas offer additional protections:
- Accredited Employer Work Visa (AEWV): Employers must meet accreditation and job-check requirements.
- Migrant Exploitation Protection Visa (MEPV): Allows temporary work for any employer while protecting workers from exploitation.
- Dismissed Worker Visitor Visa: Provides time to seek new employment after termination.
- Working holiday and post-study visas: Standard employment protections apply, but visa conditions determine permissible work.
Alert: Your visa status does not remove your legal rights, but it’s important to know the visa rules when raising workplace grievances.
What to Do If You Are Exploited or Underpaid
If you feel your rights are being violated, follow these steps:
Step 1: Document Everything
Keep copies of contracts, pay slips, emails, and any communications related to your work.
Step 2: Contact Employment New Zealand
Call 0800 200 088 or visit the Employment New Zealand Get Help portal. Language support is available if English is not your first language.
Step 3: Lodge a Personal Grievance
File a grievance in writing with your employer within 90 days of the issue.
Step 4: Mediation
The Employment Relations Authority (ERA) can provide free mediation to resolve disputes.
Step 5: Employment Tribunal / Court
If mediation fails, the ERA or Employment Court may determine compensation, reinstatement, or other remedies.
Tip: Raising a grievance does not automatically affect your visa. You are legally protected from retaliation.
Redundancy and Termination Protections
Migrant workers are entitled to fair processes in redundancy or dismissal:
- Consultation: Employers must discuss redundancies before terminating employment.
- Notice Periods: Must follow the employment agreement or statutory minimums.
- Redundancy Pay: Eligible employees receive compensation per NZ law.
Unfair Dismissal: Migrant workers are protected from termination for discriminatory reasons or without due process.
Practical Tips for Migrant Workers
- Review Your Employment Agreement: Make sure your contract specifies pay, duties, leave, and termination procedures.
- Understand Your Rights: Check Employment New Zealand for guidance.
- Document Everything: Keep evidence of pay, communication, and work conditions.
- Seek Legal or Union Support: Contact McKenzie Law, unions, or community legal services.
- Don’t Fear Reporting: Exploitation or unfair treatment can be reported safely.
FAQs
Do migrant workers have the same employment rights in New Zealand as locals?
Yes. All employees, regardless of nationality or visa status, are entitled to the same protections under NZ employment law.
Are migrant workers entitled to holiday and sick leave in NZ?
Yes. Migrant workers receive the same leave entitlements as other employees, including public holidays, annual leave, and sick leave.
How can migrant workers report wage theft or unfair treatment?
You can contact the Employment New Zealand helpline or file a grievance with your employer, or take the matter to the Employment Relations Authority if necessary.
Does visa status affect employment rights?
No. Employment rights are protected regardless of visa type, although visa conditions may affect the type of work you can legally perform.
Migrant workers in New Zealand have the same employment rights as all other employees. From minimum wage and leave entitlements to protection from unfair dismissal and workplace discrimination, these rights are enforceable under NZ law.
Understanding your employment rights, knowing how to raise grievances, and seeking professional guidance can help migrant workers work safely, fairly, and confidently.
If you’re a migrant worker facing workplace issues, Contact McKenzie Law today to understand your rights and get expert guidance.
