Changes to finally come through, to stop using the 90 day trial periods when hiring people on an Accredited Employer work visas. (29th Oct). Further from 27th November, labour hire construction employment firms will need to have at least 35% of workforce made of NZ citizen & residents.
Employment agreements provided with job check applications must not include a trial period.
Employers who use a trial period in employment agreements will risk having their accreditation revoked.
Breaches could be detected up front as part of the Job Check process, or through post-decision and re-accreditation checks.
The 90-day trial rule will not apply to:
* applications based on already-approved Job Checks, or
*. migrants who already hold, or have applied for, an AEWV based on a job check that was approved prior to
29 October 2023 (when the policy takes effect).
𝗖𝗹𝗮𝗿𝗶𝗳𝗶𝗰𝗮𝘁𝗶𝗼𝗻 𝗼𝗳 𝘁𝗵𝗲 𝗮𝗯𝗶𝗹𝗶𝘁𝘆 𝘁𝗼 𝘀𝘂𝘀𝗽𝗲𝗻𝗱 𝗼𝗿 𝗿𝗲𝘃𝗼𝗸𝗲 𝗮𝗻 𝗲𝗺𝗽𝗹𝗼𝘆𝗲𝗿’s 𝗮𝗰𝗰𝗿𝗲𝗱𝗶𝘁𝗮𝘁𝗶𝗼𝗻 𝘂𝗻𝗱𝗲𝗿 𝘁𝗵𝗲 𝗔𝗘𝗪𝗩
Additionally, technical updates have been made to immigration instructions to clarify the ability to suspend or revoke an employer’s accreditation under the AEWV.
From 29 October:
* An employer’s accreditation can be suspended when INZ or another regulator is taking active steps to
confirm an employer or its key people are compliant with immigration, employment and business
standards.
* This includes any verification or compliance activities – not just formal investigations.,
the requirement for accredited employers not to pass on certain costs to migrant workers includes
passing on costs to visa applicants, as well as those who already hold a visa.
𝗔𝗘𝗪𝗩 𝗟𝗮𝗯𝗼𝘂𝗿 𝗵𝗶𝗿𝗲 (𝘁𝗿𝗶𝗮𝗻𝗴𝘂𝗹𝗮𝗿) 𝗲𝗺𝗽𝗹𝗼𝘆𝗺𝗲𝗻𝘁 𝘁𝗵𝗿𝗲𝘀𝗵𝗼𝗹𝗱 𝗰𝗵𝗮𝗻𝗴𝗲
From 27 November 2023, Accredited employers who are labour hire (triangular) employment firms who place migrants in specific construction occupations to have at least 35% of their labour hire workforce made up of New Zealand citizens and residents in full time employment. This is an increase from the current threshold of 15%.
*. INZ will now assess the New Zealand workforce threshold at both the accreditation and Job Check
stages. Job Checks will fail if the new threshold is not met.
*. Existing employers will not lose their current accreditation if they don't meet the new 35% threshold, as
long as they continue to meet the 15% threshold. However, we will not approve a further Job Check until
they meet the new threshold.
Talk to us today , so we can work with you on compliance and "Do what we do Best"