Recommendations 99. Based on the Commission’s observation, it appears that significant breaches of human rights and labour standards may be taking place under the RSE scheme. The recommendations below are based on what the Commission has seen and heard and reiterates many of the recommendations made by the ILO in its June 2022 report “Seasonal worker scheme in the Pacific through the lens of international human rights and labour standards”.65 100. The Commission urges the Government to urgently review the RSE Scheme and implement human rights-based changes before the next season in 2023. The review should be done through a human rights lens, as identified in this report. The review of the scheme should include input from RSE workers, in a manner that is culturally and linguistically appropriate and safeguards the rights of workers, as well as representatives who can provide a Pacific voice. 101. New Zealand should also consider ratifying relevant ILO instruments and the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families, which would ensure greater consistency with international standards and lead to the enhanced protection of workers.66 20 102. The Commission recommends that the following issues be addressed immediately. Many of these recommendations reflect those made by the ILO in June 2022.67 Offer of employment: All employers should be required to use standard form offers of employment and contracts that contain not only the terms of employment for the individual worker, but also information on minimum employment and accommodation standards required by New Zealand law. Employment conditions and worker deductions should be transparent in the agreement.68 Choice of employment: Ensure free choice of employment by removing the requirement that RSE worker visas are tied to a single employer and allow them to seek employment within the pool of approved Recognised Seasonal Employers.69 Deductions: Ensure deductions are minimal and transparent and comply with the Wages Protection Act 1983 and Minimum Wage Act 1983. Early return home and system for repayment of migrant-related debt: Establish a clear process for workers who wish to return home prior to repayment of their debt related to migration costs.70 65 See recommendations from p. 158. 66 See International Labour Organization, Seasonal worker schemes in the Pacific through the lens of international human rights and labour standards, Technical report, p. 154. 67 International Labour Organization, Seasonal worker schemes in the Pacific through the lens of international human rights and labour standards, Technical report https://www.ilo.org/wcmsp5/groups/public/---asia/---ro-bangkok/---ilo-suva/documents/ publication/wcms_847010.pdf. 68 See ILO Report, p. 156 69 See ILO Report, p. 161. 70 See ILO Report, p 157. Recognised Seasonal Employers (RSE) Scheme: Human rights issues for seasonal workers in Aotearoa New Zealand

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