New Zealand Bans Trial Periods for Work Visa Holders

In a move aimed at ensuring fair treatment for migrant workers and addressing genuine labour shortages, New Zealand has introduced significant changes to employment agreements for Work Visa holders.

As of October 29, accredited employers will no longer be permitted to include 90-day trial periods in employment contracts for individuals on an Accredited Employer Work Visa (AEWV).

The most significant change is the removal of 90-day trial periods for migrant workers.

This change is aimed at protecting migrant workers from exploitation and unfair treatment. Employers will now be required to hire migrant workers only when there is a genuine labour need or a skills gap to fill.

Other key changes to the AEWV Category

Accredited employers who place migrants in specific construction occupations must now ensure that at least 35% of their labour-hire workforce consists of New Zealand citizens and residents in full-time employment.

Immigration New Zealand (INZ) has made adjustments to the AEWV assessment approach, which means that most applications are now taking longer than 10 days to process. Employers are advised to apply at least six weeks in advance for both accreditation and job checks.

What does this mean for work visa holders?

If you are a work visa holder, you should be aware of the following AEWV changes:

Trial periods are no longer allowed in employment agreements for AEWVs. If you are offered a job with a New Zealand employer, be sure to check your employment agreement carefully to ensure that it does not include a trial period. If it does, you should contact INZ immediately.

INZ is now taking longer to process AEWV applications. Employers are advised to apply at least six weeks in advance for both accreditation and job checks.

If you are a migrant worker placed in a specific construction occupation, your employer must now ensure that at least 35% of their labour-hire workforce consists of New Zealand citizens and residents in full-time employment.