Government called on to end 'visa bondage' for migrant workers

Monday, 26 August 2019

The Ministry of Business Innovation and Employment says tackling exploitation of migrant workers in the construction industry is challenging because there are so many different trades involved.

A group representing migrant workers says ending 'visa bondage' would help stamp out exploitation.

Migrante Aotearoa chair Mikee Santos said tying workers to specific employers left them very vulnerable and open visas would make it easier for victims of exploitation to shift jobs.

He likened the employer assisted visa to 'bondage' because it 'put the migrant worker in a disadvantaged position from day one' with bosses threatening deportation if they complained or stepped out of line.

A Government review into migrant worker abuse is underway and Migrante Aotearoa has made a formal submission to the Ministry of Business Innovation and Employment seeking the introduction of open work visas.

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Migrante Aotearoa chair Mikee Santos says incoming migrants should be attending pre-departure or post-arrival seminar so they know their basic employment rights. For those that cannot speak fluent English, the language barrier deters them from raising concerns.

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Santos said language was a barrier when it came to acting on grievances and many Filipinos had also worked in the Middle East or northern Africa where migrants had few if any rights.

Migrant worker Kim Villaranda says he could never have managed without the assistance of Christchurch woman Sarah Brunton who he met when he carpeted her garage.

'Unfortunately they bring that mentality here, believing they cannot stand up and speak up, worrying the employer can just kick them out and deport them anytime.'

Auckland-based employment advocate Nathan Santesso said open visas would make a huge difference.

'It would completely change the situation in New Zealand. The whole thing is that the employer has total control of your situation.'

He represented four cleaners tied to a cleaning company, and although their case had gone to the Employment Relations Authority in January, they were still awaiting a decision.

'At least one had to return to India.'

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Lawyer Gene Bagsic provides legal advice to the New Zealand Philippines Business Council and the Filipino Nurses Association of New Zealand.

He agreed open visas would change employer attitudes towards employees, particularly tradespeople and construction workers.

'If they are on open work visas, they can easily transfer from one employer to another if they're not happy.

'If an employer wants to keep its employees, of course, they would try to make sure that their employees are happy. '

Employers found to have exploited migrant workers can be blacklisted by Immigration New Zealand, and they are banned from getting visas renewed or hiring more migrants for a period.

Bagsic said that as a result, many workers were afraid to report abuse in case their employer ended up on the list and was unable to renew their visas.

'So at the risk of losing their jobs and not sending money back to their families in the Philippines, they will endure the hardship as much as they can.'