61. The ILO General Principles and Operation Guidelines for Fair Recruitment and Definition of Recruitment Fees and Related Costs provide that “Recruitment fees or related costs should not be collected from workers by an employer such as through deductions from wages. The competent authority has flexibility to determine exceptions consistent with relevant international labour standards after consulting the most representative organizations of workers and employers.”50 62. Related costs, as referred to above, are defined as “expenses integral to recruitment and placement within or across national borders, taking into account that the widest set of related costs are incurred for international recruitment.”51 They include:52 a. medical costs b. insurance costs c. costs for training and orientation d. equipment costs, including for tools, uniforms, safety gear and other equipment needed to perform assigned work safely and effectively e. travel and lodging costs, including expenses incurred for travel, return or repatriation administrative costs relating to passports, visas, work and residence permits Right to freedom of movement: Early return home and system for repayment of migrantrelated debt 63. The Commissioner met with a group of workers who wanted to return home early because of unreasonable living conditions provided by their employer. Their employer was in charge of purchasing and arranging their return flights and deducted the cost of the flights through a fortnightly deduction from their pay. In this instance, the workers wanted to pay the flights off faster and wanted to have higher deductions so they could return home sooner. However, they were not able to negotiate the rate of deductions and were forced to stay and work longer than they wanted. 64. The INZ Operational Manual is silent as to costs when a worker does not fulfill their contract and wants to be repatriated. However, it states that the employer must “pay to the Ministry of Business, Innovation and Employment any costs reasonably incurred by the Ministry, to a maximum of NZ$3000 per worker, in relation to the repatriation (including any maintenance and accommodation) of any non–New Zealand citizen or resident worker who requires repatriation as a result of a breach of the terms and conditions of their RSE limited visa.”53 65. ILO General Principles and Operation Guidelines for Fair Recruitment provide that “Workers should be free to terminate their employment and, in the case of migrant workers, to return to their country.”54 66. The ILO recommends that migrant workers who have entered into a contract prior to departure should have the right to repatriation at the expense of the employer when: (i) the period of service stipulated in the contract has expired; (ii) the contract is terminated by reason of the inability of the employer to fulfil the contract; (iii) the contract is terminated by reason of the inability of the migrant worker to fulfil the contract owing to sickness or accident; (iv) the contract is terminated by agreement between the parties; (v) the contract is 50 General principles and operational guidelines for fair recruitment and Definition of recruitment fees and related costs (2019) at p. 28. 51 At p. 28. 52 At p. 29. 53 WH 1.5.5(c)(x) https://www.immigration.govt.nz/opsmanual/#34417.htm. 54 General principles and operational guidelines for fair recruitment and Definition of recruitment fees and related costs (2019) at Part 1(iii), para. 12. 15