Recognised Seasonal Employer

Inter-Agency Understanding: Solomon Islands

Schedules

Inter-Agency Understanding between the Department of Labour of New Zealand and the Ministry of Foreign Affairs and External Trade in Solomon Islands in support of New Zealand’s Recognised Seasonal Employer Policy

1. Recruitment

1.1 The Labour Mobility Unit (LMU) is responsible for Recognised Seasonal Employer (RSE) recruitment activities in Solomon Islands. The Labour Mobility Oversight Committee (LMOC) chaired by the National Labour Mobility Coordinator (NLMC) oversees the administrative functions of the LMU and policy development of RSE recruitment in Solomon Islands.

1.2 The government in Solomon Islands operates an agent-based system of recruitment. Recognised Seasonal Employers wishing to recruit workers from Solomon Islands will be required to engage the services of a Licensed Agent to conduct recruitment on their behalf. RSEs must make contact with the LMU prior to engaging an Agent and provide details of their intentions and recruitment requirements. The RSE must inform the LMU of any changes or deviations to the proposed recruitment programme.

1.3 The LMU is responsible for the licensing of Agents and maintains a Register of Licensed Agents. The register is publicly available and published on the government website, or can be provided directly to RSEs upon making contact with the LMU prior to undertaking recruitment activities.

1.4 The Agent is responsible for the selection of Solomon Islands workers in accordance with the guidelines established by the LMOC. Prior to submitting applications for visas to the New Zealand High Commission in Honiara, the Agent must provide a complete list of names of the workers to the LMU. The LMU will screen the list for suitability and character taking into consideration such factors as: previous immigration history, character and health status, previous work experience and level of English language ability.

1.5 An RSE wishing to nominate a current or former employee or any other individual to undertake recruitment on their behalf must first inform the LMU and ensure that the individual completes the process to become a Licensed Agent.

1.6 The LMU retains the right to review the activities of any Licensed Agent and can take appropriate action, including removing the Agent from the Register of Licensed Agents, where the Agent is found to have acted contrary to the guidelines established by the LMOC.

2. Work Visa Processing

2.1 An application for a work visa or permit to work for an RSE must be made in accordance with the RSE Policy. Application requirements are set out in the RSE Policy and the “Application to Work in New Zealand for a Recognised Seasonal Employer” form. The application fees can be calculated on Immigration New Zealand’s (INZ) website http://www.immigration.govt.nz/migrant/
general/formsandfees/officeandfeescalculator.

2.2 Work visa applications to work for an RSE must be submitted to the New Zealand High Commission in Honiara but may be processed and decided elsewhere.

2.3 The Department will provide to the Ministry information sheets outlining the requirements for applications to work in New Zealand for an RSE. The Ministry will cooperate with the Department on translation of information sheets.

2.4 Application forms and RSE Policy information sheets will be available through the High Commission in Honiara and through INZ’s website http://www.immigration.govt.nz/community/
stream/employ/rse.

2.5 The RSE Policy is available through the INZ website. The Department will inform the Ministry of any changes to the RSE Policy.

2.6 The New Zealand High Commission in Honiara will work with the Ministry to ensure that notification of the receipt of all RSE applications for work visas or permits is communicated to the Ministry for the purposes of record keeping. This is to ensure Agents have completed the process according to the Ministry’s requirements.

3. Pre-Departure Orientation

3.1 The Department will make available to the Ministry tools and resources that may be drawn on for the purposes of delivering pre-departure orientation and will liaise with the Ministry regarding the translation of relevant parts of these tools and resources, where appropriate.

3.2 The Ministry, with input from the Department and the New Zealand High Commission in Honiara, will provide comprehensive briefings to all RSE workers before their departure to New Zealand covering such matters as: different types of pay rates (hourly versus contract rate), deductions from pay including signing consent forms for deductions, climate, clothing and footwear requirements, taxation, insurance, health and wellbeing, accident compensation, budget advice, banking, travel arrangements, medical insurance and emergency contact details such as those for Solomon Islands officials in New Zealand and officials of the Department.

3.3 In particular the briefings will impress upon workers the consequences of any overstaying and the importance of compliance with applicable New Zealand laws, cultivating a good work ethic, supporting the group leaders and protecting the reputation of Solomon Islands as a source of seasonal labour.

4. Pastoral Care

4.1 Workers will enjoy the full protection of New Zealand employment and workplace legislation, in particular legislation concerning safe conditions of work and the payment of market rates will apply. Workers are eligible to join unions in accordance with New Zealand laws.

4.2 RSEs will address pastoral care as set out in the RSE Policy, this includes:

1. transportation to and from the port of arrival and departure
2. an induction programme
3. suitable accommodation
4. transportation to and from the worksite(s)
5. access to personal banking
6. provision of personal protective equipment
7. provision of onsite facilities (toilets, hand washing, first aid, shelter, fresh drinking water)
8. necessary language translation e.g. for health and safety purposes, and
9. the opportunity for recreation and religious observance.

4.3 Workers will be responsible for reasonable costs of accommodation, food, clothing and other living expenses. If RSEs pay the full travel cost they are entitled under RSE Policy to make arrangements to recover up to half of these costs from worker’s wages. Pay deductions (apart from tax and ACC levy) will only be permissible if they are allowed by the RSE Policy and agreed to by the worker.

4.4 Workers will be covered by Accident Compensation legislation in New Zealand but will not be eligible for free medical services. Where workers require medical services (other than ACC) they are liable to pay the costs incurred. Health insurance is compulsory for RSE workers going to New Zealand.

4.5 While in New Zealand workers may raise any concerns arising from the conduct of their RSE to their team leader (where one exists), employer, union representative, nominated Solomon Islands representative (where one exists) or staff of the Department. The Ministry will inform the Department of any complaints received from Solomon Islands workers related to RSEs or any component of the RSE scheme.

4.6 Subject to New Zealand privacy laws, the Department will inform the Ministry of any complaints it receives related to or from Solomon Islands workers.

4.7 The Ministry will play an active role in liaising with workers to assure the Government of Solomon Islands that the pastoral care needs of workers are met.

5. Compliance

5.1 The New Zealand Government has a zero tolerance for overstaying under the RSE Policy. To ensure the sustainability of the RSE Policy workers must comply with the work visas or permits granted. RSEs are responsible for the payment of costs associated with the repatriation of any of their workers who require repatriation as a result of a breach of the terms and conditions of their permit. RSEs are unlikely to seek to recruit further workers from Solomon Islands if they experience negative consequences from non compliance relating to Solomon Islands workers.

5.2 The Ministry through its mission in New Zealand will encourage workers to comply with the rules and, in particular, to depart before the expiry of their permit.

5.3 The Department will monitor compliance with employment and workplace legislation, the RSE Policy and general immigration requirements. Complaints to, or information held by the Department that indicates non compliance with the RSE Policy will be investigated by the Department, as necessary. The Department will operate a programme of visits to RSEs to monitor compliance with the RSE Policy.

6. RSE Policy updates

6.1 The Department will advise the Ministry of any changes or amendments to the RSE Policy at the earliest opportunity before the changes or amendments are made public. RSE Policy will remain available and updated on the INZ website www.immigration.govt.nz/rse.