migrant workers reported paying a significant
premium for employment. Throughout our
engagement, the Commission regularly heard
of jobs being ‘sold’ for $15,000 - $20,000, with
one migrant worker stating they had paid
approximately $60,000. This was echoed by
other stakeholders, with an immigration agent
describing a widespread practice of people
paying for jobs that do not exist.
Many workers spoken to, who had paid
premiums, had done so by taking on significant
debt in their home country. One worker was
left unemployed on arrival in Aotearoa when
their family had financed the premium by
selling long held family land. Another worker
spoke of providing security for debt through
family gold. Some workers spoke of taking on
debt with unscrupulous lenders in their home
country. One worker reported having family
members physically threatened in their country
of origin as they had been unable to make debt
repayments.
Many migrant workers and other stakeholders
are of the view that a significant level of fraud is
facilitated by the AEWV scheme where migrant
workers are ‘scammed’ into buying non-existent
jobs. An immigration agent held the view that
some workers were aware they were purchasing
‘fake’ jobs to enter the country believing they
could get employment on arrival.
One experienced worker described his
immigration experience as a coordinated ‘scam’.
They stated that they paid approximately
$18,000 to an offshore agent but arrived in
Aotearoa to no job and extremely poor housing
conditions with no pay. This person considered
that at least 100 people had been similarly
scammed by the same group. They said one of
the people who had participated in the scam,
from inside Aotearoa, had previously been
named in the national media for conducting
20
schemes of migrant exploitation. They said, “the
first day I came to New Zealand, I cried”. These
allegations echo concerns of other workers and
raises a concern that coordinated international
networks may be running large, and likely
very profitable, operations involving migrant
exploitation under the AEWV scheme.
An immigration agent observed that many
workers were being recruited for the profit of
premiums, not for their labour. They considered
that this meant workers did not meet the
scheme’s criteria of recruiting “skilled migrants
where genuine skill or labour shortages exist.”90
This also left migrant workers more vulnerable
when trying to get new employment as they lack
sought-after skills. This could lead to exploitation
in informal employment (see 8.1.3).
The payment of a premium for employment is
out of step with human rights norms. Article 9
of the ILO Protection of Wages Convention 1949
(Convention No. 95) prohibits deductions for the
purposes of obtaining or retaining employment.
This prohibition includes recruitment fees
or related costs, which are “any fees or costs
incurred in the recruitment process in order for
workers to secure employment or placement”.91
These “should not be collected from workers by
an employer, their subsidiaries, labour recruiters
or other third parties”.92 The ILO is clear that
“No recruitment fees or related costs should be
charged to, or otherwise borne by, workers or
jobseekers.”93
Premium payments may also be inconsistent
with the Wages Protection Act 1983 which states
“No employer or person engaged on behalf of
the employer shall seek or receive any premium
in respect of the employment of any person”.94
90
Immigration NZ Website at https://www.immigration.govt.nz/about-us/media-centre/common-topics/accredited-employerwork-visa-aewv
91
General principles and operational guidelines for fair recruitment and Definition of recruitment fees and related costs,
International Labour Office Geneva: ILO 2019, p12.
92
Ibid, p12.
93
Ibid, General Principle 7, page 13.
94
Wages Protection Act 1983, section 12A(1).
The Accredited Employer Work Visa (AEWV) scheme in Aotearoa New Zealand: A Human Rights Review