New Zealand Stops 90-Day Work Trial for Visa Holders – What You Need to Know”
Learn about recent changes in New Zealand’s work visa rules. Starting October 29, 2023, there won’t be a 90-day work trial for visa holders.
The New Zealand government has officially amended the Accredited Employer Work Visa category.
Commencing on the 29th of October, 2023, this revision will see the discontinuation of the 90-day trial period for all migrant workers.
The Government of New Zealand has enacted substantial amendments to the employment contracts of Work Visa holders, with the objective of providing equitable treatment for migrant workers and mitigating legitimate deficiencies in the labor market.
Effective as of October 29, accredited employers are prohibited from incorporating 90-day trial periods into employment contracts for individuals holding an Accredited Employer Work Visa (AEWV).
The big change is that they’re getting rid of the 90-day trial period for migrant workers.
They’re doing this to make sure migrant workers are treated fairly and not taken advantage of.
Employers can only hire migrant workers when they really need them or when there’s a skill they can’t find in New Zealand.
There are also some other important changes to the AEWV Category:
Employers who hire migrants for specific construction jobs have to make sure that at least 35% of their workers are New Zealand citizens or residents who work full-time.
Immigration New Zealand (INZ) has changed how they review applications for AEWV, so it takes longer than 10 days now.
Employers should apply at least six weeks in advance for accreditation and job checks.
Employer Work Visa (AEWV) category may affect work visa holders:
Removal of Trial Periods:
In the past, some employment agreements for AEWVs included a trial period of 90 days, during which an employer could terminate the employment without providing a specific reason.
However, with the recent changes, trial periods are no longer allowed in employment agreements for AEWVs.
If you are a work visa holder and you receive a job offer from a New Zealand employer, it is crucial to carefully review your employment agreement.
Ensure that it does not include a trial period clause. If you find such a clause in your agreement, you should immediately contact Immigration New Zealand (INZ) to address the issue.
Extended Processing Times:
Another significant change is that INZ is now taking longer to process AEWV applications.
Employers who want to hire migrant workers through the AEWV category are advised to submit their applications at least six weeks in advance before they plan to hire the workers.
This extended processing time means that both employers and prospective employees should plan ahead to allow for the necessary processing time before work can commence.
Requirement for Construction Jobs:
If you are a migrant worker placed in a specific construction occupation in New Zealand, there is an additional requirement for your employer.
Employers who place migrants in certain construction roles must ensure that at least 35% of their labor-hire workforce consists of New Zealand citizens and residents who are employed
full-time.
This requirement is aimed at promoting the inclusion of local workers in the construction industry.
In summary, these changes to the AEWV category are designed to protect the rights and interests of migrant workers, ensure fairness in employment agreements, and encourage the employment of New Zealand citizens and residents in certain industries.
If you are a work visa holder or an employer seeking to hire through this category, it’s essential to stay informed about these changes and comply with the new rules and regulations to avoid any legal issues or delays in the application process.
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