The Recognised Seasonal Employer Work Policy

The horticulture and viticulture industries are important to New Zealand and they often suffer from a shortage of workers. The Recognised Seasonal Employer (RSE) Work Policy is a new policy that will facilitate the temporary entry of overseas workers to plant, maintain, harvest and pack crops in the horticulture and viticulture industries to meet these labour shortages in order to remain competitive with the rest of the world.

How does the RSE Work Policy work?

In short:

1. Employers must apply to become a Recognised Seasonal Employer.
2. Secondly employers must obtain an Agreement to Recruit. Those granted an Agreement to Recruit can employ overseas workers to plant, maintain, harvest and pack crops.
3. Finally workers must apply for Seasonal Work Visas. Applicants must meet health and character requirements and show they will depart New Zealand at the end of their stay.

The following diagram sets out the process.

description of Figure 1

The RSE Work Policy is geared towards Pacific states. Employers will be able to recruit from eligible Pacific Islands Forum member nations. These are:

• Federated States of Micronesia
• Papua New Guinea
• Kiribati
• Nauru
• Palau
• The Republic of Marshall Islands
• Solomon Islands
• Tonga
• Tuvalu
• Samoa
• Vanuatu

Employers may be allowed to recruit from a country not listed above if the RSE Unit is satisfied:

• they have made a reasonable attempt to recruit from the Pacific, or
• they have a pre-established relationship with a particular country not listed above.

The RSE Work Policy is initially capped at 5,000 places per year. The number of available places can be adjusted, depending on the number of New Zealanders available and industry demand. The Department of Labour and the Ministry of Social Development will work with industry to collate this information.

How does an employer become a RSE?

An employer must submit a completed RSE application to the Department of Labour’s RSE Unit. The Unit will assess and decide the application in light of the RSE Work Policy requirements.

Employers must show they:

• are in a sound financial position
• have human resource policies and practices of a high standard
• have demonstrated a commitment to recruiting and training New Zealanders
• have good workplace practices
• have, in the past, met all relevant immigration and employment laws

The Department of Labour must also be satisfied they will meet other requirements such as paying market rates and looking after their overseas workers.

Employers will also be responsible for the following:

• paying half of the travel costs for the workers flying to and from New Zealand
• a guarantee of pay for at least 240 hours of work (this can be varied for very short term engagements)
• ensuring hours of work average at 30 hours per week
• evidence of pastoral care - including suitable accommodation, translation, transportation, opportunities for religious observance and recreation, and induction to life in New Zealand
• a commitment workers will be paid market rates
• a commitment to paying towards the costs of removing workers from New Zealand if they overstay.

RSE status is initially granted for two years. Subsequent applications may be granted for a period of three years. However, if an employer breaches the RSE or Agreement to Recruit conditions or if the employer’s conduct has created an unacceptable risk to the integrity of New Zealand’s immigration or employment laws or policies.

How does an RSE gain an Agreement to Recruit?

RSEs must submit a completed Agreement to Recruit application, the fee and supporting evidence to show they meet requirements.

There are various specific requirements for an Agreement to Recruit. Generally speaking they relate to the jobs employers want to fill, and the terms and conditions offered to workers. The Agreement to Recruit also requires employers to state where they will recruit from and to comply with particular obligations.

What is the process to recruit seasonal workers under the RSE policy?

Once an employer has RSE status, and an Agreement to Recruit, they must then undertake their own recruitment programme. There are National RSE Officers who can provide assistance and advice when an RSE is seeking workers.

Once recruited, each worker must apply for a work visa before leaving for New Zealand. Applicants must:

• be 18 years or older, and
• have an employment agreement, and
• have a return ticket, and
• meet health and character requirements, and
• show they genuinely intend a temporary stay in New Zealand.

Further Information

What sort of health and character screening would applicants need to undertake?

Standard character requirements for work permits must be met. As per standard immigration policy, migrant workers from countries with a high risk of TB will need to be tested before being issued a visa. In some cases, HIV testing will also apply.

Can overseas workers already in New Zealand apply under the RSE Work Policy?

Not in the first instance. Applicants must be outside New Zealand in their home country. If a worker is already in New Zealand and is on an RSE work permit they may be eligible for a further RSE permit if certain conditions are met.

Can workers return the following season to work for an RSE?

Yes. Workers under the RSE Work Policy may return to work in New Zealand provided they have not previously breached the conditions of their RSE work permit conditions.

How long can RSE workers stay in New Zealand?

Successful RSE Work Visa applicants can stay in New Zealand for seven months during any 11 month period, or nine months in an 11 month period for workers from Tuvalu and Kiribati. They cannot transfer to another type of permit while they are in New Zealand and must leave at the end of their stay.

Will the RSE Work Policy replace the Seasonal Work Permit Pilot?

This policy will replace the Seasonal Work Permit Pilot as well as the Approval in Principle process in the horticulture and viticulture industries (the Approval in Principle process will still be available to other industries).

There will be a transitional period after the Recognised Seasonal Employer Policy is introduced where the Seasonal Work Permit pilot and Approval in Principle process will still be available to employers as a means to recruit overseas workers, while the new policy is bedded down.

How does it benefit New Zealanders – how can you ensure New Zealanders are being put first?

Like all immigration policy, RSE Work Policy is designed to ensure New Zealanders are put first, and employers have strong incentives to train and upskill the domestic workforce and utilise unemployed labour before looking elsewhere.

Measures include:

• Local labour options must be exhausted (or predicted to be exhausted) for offshore labour to be recruited
• Recognised employers must demonstrate a commitment to recruiting and training New Zealanders

It is less costly for employers to hire New Zealanders – so New Zealand workers remain the most accessible and attractive source of labour.

The Department of Labour and Ministry of Social Development will forecast labour shortages and allocate places to the Recognised Seasonal Employer policy to ensure all New Zealanders are given first opportunities at jobs.

How will the risk of overstaying be mitigated?

The limited duration of the permit means employees will maintain close ties with their home countries.

Employers face a financial penalty if their workers overstay, as well as the possibility of revocation of their RSE status.

The guarantee of payment and the fact that half of a worker’s airfare would be paid by the employer means they will not have to stay in New Zealand long to recoup their expenses.

The possibility of returning the following season will encourage workers to play by the rules.

The Department of Labour will work closely with Pacific Island nations to ensure that this risk is managed; both at the selection and screening stages and once the workers are in New Zealand. Overstayers will be caught and removed, and will not be permitted to return.

Does the Ministry of Social Development have to declare a regional shortage before employers can apply for an Agreement to Recruit?

No, but before employers lodge their applications for an Agreement to Recruit they need to have contacted MSD about their employee needs. MSD has a number of programmes in place that provide creative solutions for getting New Zealanders to where the work is.

If an employer has paid the full return airfare for a worker employee can they then deduct it from the worker’s wages?

Employers may choose to pay their workers’ entire airfare. During the course of employment deductions may be made form workers’ wages for half of that airfare.

Can employees work for more than one employer?

Workers’ work permits are for a specific location, type of work and employer. The worker can only work for the employer that is listed on their work permit. If two employers with RSE status want to employ the same employee but at different times (e.g. working with apples from March to April and then Kiwifruit from May to June) and they submit their Agreement to Recruit applications together this can be approved.

In some exceptional cases, employees may be able to transfer between employers. This might happen, for example, when a crop has failed in one area due to adverse weather, but there is a labour shortage in another area.

Are overseas employees covered by New Zealand health care?

Overseas employees are not eligible for free New Zealand health care except under ACC. Employers are encouraged to organise health insurance for their workers.

If an employer has recruited workers in the past from countries other than the Pacific will they be able to employ these people again?

An employer will need to show that they have a durable, pre-established employment relationship with workers from other countries for them to be considered. In general, there is an expectation that workers will be recruited from the Pacific.

Is there a minimum payment for workers?

For employment agreements that are for a period of six weeks or longer no less than payment for 240 hours or 30 hours per week (which ever is the greater). For employment agreements that are less than six weeks, payment for 40 hours per week. Deductions may not take pay below the minimum wage, except (in some cases) for when the employee’s share of the airfare is being deducted.