Recognised Seasonal Employer

Inter-Agency Understanding: Tonga

Schedules

Inter-Agency Understanding between the Department of Labour of New Zealand and the Ministry of Labour, Commerce and Industries of the Kingdom of Tonga in support of New Zealand’s Recognised Seasonal Employer Work Policy

1. Recruitment

The Participants recognise that there are two recruitment paths. RSEs may recruit from the work ready pool facilitated by the Ministry or undertake direct recruitment.

Ministry would prefer RSEs to recruit from the work ready pool until such a time that the participants and RSEs think appropriate to review the process.

The Ministry will be the primary facilitative contact for RSEs in Tonga.
The Ministry will maintain an up to date database of workers recruited under the work ready pool and, where possible, details of workers recruited by RSEs (in person or through an agent).

1.1 The Work Ready Pool

The Ministry will prepare to the best of their ability a work ready pool of Tongan nationals which RSEs can recruit from. The work ready pool will be established based on nominations of candidates that have been pre-selected and screened by village and community committees, district and town officers.

a. Pre-Selection and Screening

Pre-selection and screening will take place at district level. District and town officers together with church and community leaders will pre-select and screen candidates.

The Ministry will provide a set of criteria to districts for the purposes of pre-selection and screening together with an indication of the number of candidates to nominate. The number of candidates that can be nominated will be fairly distributed proportional to the size of populations of each district in Tongatapu, and outer Island groups of Tonga.

Tongan nationals who successfully pass this process will be nominated to the Ministry for inclusion in the work ready pool.

The Ministry will make visits to districts to explain these processes and the RSE Policy. The Ministry will undertake follow up visits to check the integrity of the process used by district and town officers

b. Work Ready Pool

On receipt of nominations, the Ministry will consult with the Tonga Ministry of Justice and the Ministry of Police to determine the existence of any Court order restricting the nominee from leaving Tonga.

Nominees who pass the above steps will be placed in the work ready pool.

c. Recruiting From the Work Ready Pool

RSEs may select nominees from one district, in order to establish a community linkage, or select nominees across different districts. The Ministry will provide RSEs with the work ready pool from which RSEs may select.

At the RSEs request the Ministry can select nominees from the work ready pool for the RSEs to offer employment to. The RSE will specify to the Ministry, the number and type of workers needed, details of named workers, and any other relevant details such as specialist attributes (e.g. height), skills and dates by which workers should arrive in New Zealand.

The Ministry would prefer RSEs to travel to Tonga to interview nominees in regional centres or in the case of the Niuas, in Vava’u.
RSEs may wish to re-employ workers from Tonga who have worked satisfactorily in previous seasons. In cases where RSEs’ ‘named’ workers are not in the work ready pool, the Ministry will contact them directly to confirm their availability.

1.2 Direct Recruitment

Legislation in Tonga does not preclude the possibility that some RSEs may wish to make recruitment arrangements directly e.g. through an agent engaged by the RSE, with communities in Tonga or to secure named workers including those who have performed well in previous seasons.

In such cases RSEs should first contact the Ministry confirming their intentions; the Ministry will provide RSEs with guidance on the potential risks and alternatives. RSEs should inform the Ministry of their recruitment decisions so that information can be entered into the database and the Ministry can provide support to the RSE and workers recruited.

RSEs should notify the Ministry if they intend to use Tongan recruitment agents. The Ministry does not however encourage direct recruitment by RSEs as the Ministry has limited ability to mitigate any risks to RSEs that may arise from direct recruitment.

1.3 General

The Department will inform the Ministry, in a timely manner, of approved ATRs involving workers from Tonga.

Any agents appointed by RSEs must be paid by RSEs and are prohibited from seeking compensation from workers in exchange for securing an employment agreement under the RSE Policy. In order to guard against exploitation of Tongan nationals only such costs as medical and police certificates (where applicable) relating to the work visa application should be charged to the worker. The worker must be made aware that they can complete the visa application without assistance of agents.

The decision to offer employment and to enter into an employment agreement remains with the RSE. A written employment agreement negotiated by the RSE and worker will specify the terms and conditions of employment and must be in accordance with the RSE Policy and New Zealand’s employment legislation, including the opportunity for workers to seek independent advice. The RSE and worker must sign the employment agreement before the worker can submit an application to work under the RSE Policy.

2. Work Visa Processing

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 fee will be published in the INZ Guide to Fees (NZIS 1028) and on INZ’s website www.immigration.govt.nz/fees.

Work visa applications to work for an RSE must be submitted to the INZ office in Tonga. Provided all necessary information is submitted, the timeliness standard for deciding these applications will be within five working days from submission.

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.

Application forms and RSE Policy information sheets will be available through the INZ Office in Tonga and through INZ’s website www.immigration.govt.nz.

The RSE Policy is available through the INZ website. The Department will inform the Ministry of any updates and changes to the RSE Policy.
The INZ Office in Tonga 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.

3. Pre-Departure Orientation

The Ministry will ensure that workers travelling under RSE work policy receive orientation briefings prior to departing Tonga for New Zealand. The Department will make available to the Ministry information kits and seminar tools that may be drawn on for purposes of pre-departure orientation and will liaise with the Ministry regarding the translation of relevant parts, where appropriate.

The Ministry with input from the Department (INZ in Tonga) will provide comprehensive briefings to all RSE workers selected by the Ministry from the work ready pool before their departure to New Zealand. Such briefings will cover matters such as; differences types of pay rates (hourly versus contract rate), deductions from pay including signing consent forms for deduction, climate, clothing and footwear requirements, taxation, insurance (Tonga supports compulsory Health Insurance for all RSE workers going to New Zealand), health and wellbeing, accident compensation, banking and remitting, budget advice, travel arrangements, and emergency contact details such as the Department’s RSE Principal Advisor – Pacific Region.

In particular the briefings will impress upon workers the importance of compliance and the public consequences of any overstaying, displaying a good work ethic, supporting the group leaders and protecting Tonga’s reputation as a source of seasonal labour for New Zealand’s horticulture and viticulture industries.

4. Pastoral Care

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 minimum wage rates will apply. Workers are eligible to join unions in accordance with those laws. RSEs will address pastoral care as set out in the RSE Policy, this includes:

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

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

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. Tonga supports compulsory Health Insurance for all RSE workers going to NZ

Workers may bring any concerns arising from the conduct of their RSE to the attention of their team leader (where one exists), employer, union representative, Honorary Consul, and/or the Department staff. The RSE Principal Advisor – Pacific Region may investigate any issues unable to be resolved by other parties. The Ministry should inform, in a timely manner, the Department of any complaints received or issues raised. The Department should inform, in a timely manner, the Ministry of any complaints received.

5. Compliance

The New Zealand Government has a zero tolerance for overstaying under the RSE Policy. To ensure the sustainability of the RSE Work Policy workers need to 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 are found in breach of the terms and conditions of their permit. RSEs are unlikely to seek to recruit further workers from Tonga if they experience negative consequences for non compliance relating to Tonga workers.
The Participants will cooperate in matters relating to the return of Tonga workers. The Ministry assigns the Deputy Secretary for the Labour Division of the Ministry with the task of liaising with workers and the Department on pastoral care and compliance matters.
The Department will monitor compliance with employment and workplace legislation, the RSE Policy and general immigration requirements.

The Department will investigate as appropriate, any complaints or issues of non compliance that are brought to its attention. The Department will operate a programme of random visits to RSEs to monitor compliance with the RSE Policy.

6. RSE Policy updates

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 Immigration NZ website www.immigration.govt.nz.