If you are an employer, such as a labor hire company or parent or umbrella company, that places migrants with controlling third parties, there are extra requirements you need to be aware of. The requirements include AEWV (Accredited Employer Work Visa) employers who place people with controlling third parties.
Some examples of these employers include labour hire companies and parent or umbrella companies placing their migrant workers with a separate legal entity, such as employers who temporarily assign their migrant employees to a controlling third party and a subsidiary company or branch.
It is crucial to note that these controlling third parties must be compliant. As an employer, you must have robust systems to monitor these controlling third parties’ employment and safety conditions.
To ensure compliance, you must respond appropriately to any issues raised or identified that may affect the migrant workers. Additionally, it would help if you only placed migrants who have Accredited Employer Work Visas with controlling compliant third-party businesses.
A compliant controlling third-party business must ensure that your business meets the following criteria:
Please note if you are placing AEWV holders in specific construction sector occupations, 35% of your workforce must be New Zealand citizens or residents in full-time employment. If your AEWV accreditation was obtained before 27 November 2023, you must maintain a 15% threshold for the NZ workforce and meet the new 35% threshold for further job checks.
Include a comprehensive safety monitoring plan with your accreditation application. This plan should document how you will ensure the safety and employment conditions of migrants. Additionally, upload a documented complaint and resolution process to support your application.
The plan should include the following:
Before placing the AEWV holder, you must:
Regarding immigration, it’s essential to be aware of the specific offenses that can result in a stand-down period or permanent ban. Here are the measures you must take to ensure compliance and protect your AEWV holders:
These measures are mandatory for all controlling third parties where AEWV holders are to be placed.
Conducting ongoing checks and maintaining contact with AEWV holders is equally essential. The frequency of contact should be at least once per fortnight for the first two months of placement and then at least once per month afterward. However, more frequent contact may be necessary in certain situations, such as placements lasting less than a month or ongoing disputes or complaints.
Site visits are required at least once every six months. If there is evidence that the risk of the third-party breaching requirements is low, visits may be done less frequently.
If any employment or safety issues arise, it’s crucial to investigate and address them promptly. This may involve working with the controlling third party to resolve issues or, in more severe cases, removing the migrants from their care. Seeking external assistance and reporting significant breaches to the relevant authority may be necessary.
By following guidelines, we can ensure the best possible outcome for AEWV holders and maintain compliance with immigration regulations. Contact us today for expert immigration consultancy services at a fair and reasonable price.
A controlling third party is a company involved in a triangular employment arrangement. In triangular employment, three parties are involved, including the employee, the direct employer, and the controlling third party who directs the employee's everyday work.
New rules for AEWZ Visa NZ include the removal of 90 days trial periods in employment agreements; the job check applications will be declined if the applications include the employment agreement with a trial period, if there is an active verification of the employer’s compliance with immigration, business standards, and employment, by another regulation or INZ, the employer’s accreditation can be suspended, increased in processing time, and changes in labour hire employment threshold.
The controlling third party must maintain records detailing which organisation each AEWV holder is placed with including, but not limited to, start and finish dates, the working locations, hours paid and hours worked (this includes hours for salaried AEWV holders).
INZ may revoke controlling third-party accreditation if it determines you no longer meet the requirements.
Vandana Rai is a Senior Licensed Immigration Adviser and has built a reputation around her rare set of skills, which could be considered ideal for her legal profession.