What employment rights do work visa holders have in NZ?

In New Zealand, work visa holders have the same employment rights as New Zealand citizens and permanent residents under the Employment Relations Act 2000.

Rights that apply regardless of visa status:

• Minimum wage (Minimum Wage Act 1983)
• Holiday pay, sick leave, bereavement leave (Holidays Act 2003)
• Unjustified dismissal protection (ERA 2000)
• Right to raise a personal grievance (90-day time limit, s114 ERA 2000)
• Rest and meal breaks (ERA 2000 s69ZD)
• Health and safety protections (HSWA 2015)
• Freedom from discrimination (Human Rights Act 1993)

Key point: An employer cannot treat you differently or threaten your visa status to suppress your employment rights. This is illegal.

If your employer threatens your visa: Contact MBIE (Employment New Zealand) on 0800 20 90 20. Reports can be made confidentially. MBIE has enforcement powers and can investigate without putting your visa at risk.

Exploitation: The Migrant Exploitation Protection Visa allows workers experiencing exploitation to leave their employer and seek new employment, with temporary visa protection while the situation is resolved.

Immigration Act 2009: Your visa conditions govern what work you can do, but within those conditions your employment rights are identical to those of any other NZ worker.

Source: Employment Relations Act 2000 — View on legislation.govt.nz