Filipino rebuild workers reluctant to speak about exploitation
Wednesday, 22 July 2015
Migrant workers involved in the Christchurch rebuild are vulnerable to exploitation and poor living conditions – especially those from the Philippines, a new report says.
The Government report into the exploitation of migrants workers found those who did not speak English well, came from countries with low employment standards, and were tied into debt were most vulnerable.
The Ministry of Business, Innovation and Employment (MBIE) research found Filipino workers were most likely to be exploited as they feared losing their job or visa if they spoke out.
Many paid between $8000 and $15,000 to a recruitment agent at home to secure a job in New Zealand.
Lexington Legal principal Paul Brown had represented a number of migrant workers pro-bono, and said the reported exploitation was in line with his own experience.
Brown said while some firms had improved their practices, it was 'naive' to think exploitation of migrant workers had stopped.
'There is simply no way of knowing how widespread this is, but based on what we do know about the last few years and the huge money to be made in exploitation, I do not remotely expect it to have stopped - that is just nonsense and naive,' he said.
**READ MORE:
* [Migrant workers at risk as rebuild firms go bust
](http://www.stuff.co.nz/the-press/business/the-rebuild/67526757/Migrant-workers-at-risk-as-rebuild-firms-go-bust)* [Landlord charges Filipinos per-bed rents
](http://www.stuff.co.nz/business/better-business/68236300/Landlord-charges-Filipino-workers-per-bed-rent)* Rebuild rip-offs nail migrants**
The report said it was difficult to tell how widespread mistreatment of migrants was.
Some anonymous government workers interviewed for the report said exploitation of migrant workers was 'extremely common' at Christchurch firms. Others said it was 'very hard to say … a minority, but enough definitely to be a reasonably strong minority'.
Brown said many of his clients faced issues with excessive recruitment fees and contract substitution.
'These guys were arriving here and finding the terms were not what they agreed to - so that's been going on for years, what the boys are told in the Philippines is not what they're offered here.'
He agreed with the report's conclusion that workers at smaller businesses were more at risk.
'It is quite a learning curve if you haven't done it before. The smaller employers just don't appreciate the adjustment for workers to come to NZ; if they've never employed [someone] from overseas they just don't know.'
First Union migrant workers coordinator Dennis Maga said the research was a step forward.
'The good thing is that they've accepted this is actually happening. They can no longer deny that. Acceptance is a bold step.'
He welcomed the report's proposal to stop work visas being bonded to a particular employer.
Brown said many of the exploitation issues could be solved with better enforcement, rather than more legislation. 'Why don't we have more labour inspectors on the ground,' he said.
**FROM THE ARCHIVES:
* [Filipino carpenters rely on charity to get by
](http://www.stuff.co.nz/national/10347441/Filipino-carpenters-rely-on-charity-to-get-by)* [Housing standards worry migrant advocates
](http://www.stuff.co.nz/business/money/find-a-home/10285447/Housing-standards-worry-advocates)* [Spike in injuries to migrant workers
](http://www.stuff.co.nz/the-press/news/10590740/Spike-in-injuries-to-migrant-workers)* Migrant workers ripped off in city rebuild, union claims**
MBIE said it worked on several initiatives to reduce migrant exploitation, including information guides for new migrants, monitoring employment standards and prosecuting employers who broke the law.
REPORT FINDINGS:
- There has been a rapid increase in the number of temporary migrants working in the Canterbury construction industry.
- Essential skills workers in Canterbury are most likely to come from the Philippines and to be working as carpenters and joiners, and painting trades workers.
- Migrants working in construction unlikely to be earning less than the minimum wage.
- The most common exploitative practice was the excessive amount of money charged by recruitment agencies in the Philippines and situations of contract substitution.
- Filipino migrants particularly vulnerable to exploitative practices, and women were more vulnerable than men.
- The high demand for workers in Canterbury was a contributing factor to exploitative practices.
- Migrants were not well aware of their employment rights and were reluctant to report exploitative practices because of cultural reasons and fear of losing their jobs.