Changes to 90-day trial periods in effect for AEWV

INZ warns employers to recruit only when there is ‘genuine’ need

BY Sarah Dobson 07 Nov 2023

Accredited employers are not longer allowed to 90-day trial periods in employment agreements when hiring people on an Accredited Employer Work Visa (AEWV).

In effect as of Oct. 29, the new rule is meant to encourage accredited employers to treat migrants fairly, says Immigration New Zealand, “and only recruit someone when they have a genuine labour need or skills gap to fill.”

Employment agreements provided with job check applications must not include a trial period.

And employers who use a trial period in employment agreements risk having their accreditation revoked.

Breaches of rules for AEWV

Breaches could be detected upfront as part of the Job Check process, or through post-decision and re-accreditation checks, says the government.

In addition:

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.

Who do new immigrations rules apply to?

An employer’s AEWV Job Check application under assessment will be declined if it includes an employment agreement with a trial period (regardless of the submission date), or Immigration New Zealand (INZ) may request updated information.

This includes Job Checks submitted before 29 October 2023 but assessed on and after this date.

The 90-day trial rule will not apply to:

applications based on already-approved Job Checks
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).

AEWV Labour hire (triangular) employment threshold change

From 27 November 2023, the New Zealand government will bde requiring 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 up from the current threshold of 15%.

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, IZ will not approve a further Job Check until they meet the new threshold.