terminated on the application of either of the parties, unless the competent authority otherwise decides.55 67. A clear process should be established to enable workers to return home prior to the payment of their debt related to migration costs. 71. It is a violation of the right to freedom of movement under s 17 BORA to stop workers from leaving their accommodation to go somewhere in their free time. This practice should be ceased immediately. Workers should also be allowed guests in their accommodation in their personal time. Alcohol Right to freedom of movement and right to privacy and family: Restrictions on personal freedoms Curfews and geographical restrictions 68. Many workers informed us that their RSE employer placed them under curfews and geographical restrictions. These workers were not allowed to leave their designated region without permission from their employer. Industry leaders confirmed that these restrictions were in place so that employers could ensure workers did not abscond or abandon their employment. 69. We also heard from workers across all types of accommodation that they needed to ask their property managers or employers for permission to have visitors over. 70. The Commission spoke to community leaders who were involved in providing care for RSE workers from the same country. We heard examples of how they had hosted their country’s national day celebrations and had to ask employers to allow workers to attend, while also providing a guarantee that the workers would behave and return promptly to their accommodation. In some cases, workers were not allowed to leave their accommodations to attend the celebrations. 16 72. Many workers told the Commission that they were banned from consuming alcohol for the duration of their employment. This included in their personal time when they were not at work. In some cases, those who were caught received disciplinary warnings and were told that their employment could be terminated. Control over personal relations 73. The Commission heard accounts of how where the industry standard is to place multiple workers in one unit, the units are separated by gender. For married couples that come to New Zealand under the RSE scheme, they were separated from their partners for the duration of their employment. In 2020, a husband and wife were reprimanded by their employer for choosing to spend one night together.56 The Commission was advised of one example where a woman who had entered into a relationship while under the RSE scheme was forced to present a negative pregnancy test to her employer or risk termination of her employment. 55 ILO Recommendation No. 100 Protection of Migrant Workers (Underdeveloped Countries) Recommendation, 1955 at para 10(b). 56 https://www.newsroom.co.nz/hungry-and-scared-in-hawkes-bay. Recognised Seasonal Employers (RSE) Scheme: Human rights issues for seasonal workers in Aotearoa New Zealand