Recognised Seasonal Employer

Inter-Agency Understanding 2009: Tuvalu

Schedules

Inter-Agency Understanding between the Department of Labour of New Zealand and the Department of Foreign Affairs and Labour of the Republic of Tuvalu in support of New Zealand’s Recognised Seasonal Employer Work Policy

1. Recruitment

The Participants recognise that there are two recruitment paths for Tuvalu citizens. RSEs may recruit from a work ready pool of workers facilitated by the Department-TUV or undertake direct recruitment (either in person or through an agent).

RSEs wishing to recruit from Tuvalu should make contact with the Department-TUV who will inform them of the procedure for recruiting from the work ready pool or through recruitment agents in Tuvalu.
The Department-TUV will maintain an up to date database of workers recruited under the work ready pool or recruited directly (if notified).

1.1 The Work Ready Pool

The Department-TUV will prepare to the best of their ability a work ready pool of Tuvalu citizens which RSEs can recruit from. The work ready pool will be established based on nominations from Kaupule.

a) Pre-Selection

Falekaupule will pre-select workers. The Department-TUV will provide to Kaupule information and guidance on factors to use in the pre-selection process including active participation in and service to community affairs, and nomination numbers.

Kaupule will convey preselected workers to the Department-TUV. Kaupule will assist in the dissemination of information on the RSE Policy and the recruitment process.

b) Screening

The Department-TUV will screen the nominees for the work ready pool of workers.

Factors that will be taken into account by the Department-TUV will include previous immigration history, character and health status, evidence of a work ethic (paid, subsistence or otherwise), age and a basic English language ability.

Workers who pass the screening process will be placed in the work ready pool. The NSC will make the final selection for the initial intake for RSEs to recruit from.

c) Recruiting From The Work Ready Pool

The Department-TUV will provide a list of the work ready pool and any relevant information when required by RSEs in order to select.

At the RSEs request the Department-TUV can select nominees from the work ready pool and recommend these to RSEs for appointment. The RSE will specify to the Department-TUV, the number and type of workers needed, details of named workers, and any relevant details such as dates by which workers should arrive in New Zealand.

RSEs wishing to conduct interviews will provide the Department-TUV sufficient time (at least two weeks) to make arrangements for workers to attend an interview. The Department-TUV will liaise with RSE’s to facilitate the requirements for interviews.

1.2 Direct Recruitment

Though legislation in Tuvalu does not preclude the possibility that some RSEs may undertake direct recruitment (in person or through an agent), the Department-TUV requires RSEs to recruit via the facilitative arrangements.

1.3 General

The Department will inform the Department-TUV in a timely manner of ATRs involving workers from Tuvalu.

Agents who work on behalf of RSEs to identify (select and screen), prepare and arrange for suitable workers to travel to New Zealand will be paid by the RSEs for this service. Agents 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 Tuvalu citizens only such costs as medical and police certificates (where applicable) should be charged to the worker. The worker must be made aware that they can complete the RSE work visa application process without the 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. The Department-TUV will ensure that workers drawn from the work ready pool understand the employment agreement before signing.

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 the INZ Office in Suva. Subject to all the application requirements being met, RSE work visa applications will normally be decided by INZ Suva within ten to twenty working days from the date applications are accepted for processing.

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

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

The RSE Policy is available through the INZ website. The Department will inform the Department-TVU of any updates and changes to the RSE Policy.

Recognising that New Zealand does not have a representative post in Tuvalu, the INZ Office in Suva will work with the Department-TVU 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 Department will make available to the Department-TUV information kits and seminar tools that may be drawn on for purposes of pre-departure orientation and will liaise with the Department-TUV regarding the translation of relevant parts, where appropriate.
The Department-TVU with input from the Department (INZ in Suva) where possible and appropriate will provide comprehensive briefings to all RSE workers selected from the work ready pool before their departure to New Zealand cover such matters 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, health and wellbeing, accident compensation, banking and remitting, budget advice, travel arrangements, and emergency contact details such as the Honorary Consul, Tuvalu Pastors and the Department’s RSE Principal Advisor – Pacific Region,

The Department-TUV will actively participate in orientation sessions to stress the importance of adherence to the rules and the conditions of RSE work visa and permits granted, displaying a good work ethic, supporting the group leaders and protecting Tuvalu’s reputation as a source of seasonal labour.

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 reasonable 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. Health Insurance is compulsory for all RSE workers going to NZ. The Department-TUV will liaise with RSEs and/or workers to confirm arrangements for ensuring workers can access medical services while in New Zealand.

Workers may draw 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 Department-TUV should inform the Department in a timely manner of any complaints received.
The Department-TUV will inform the RSE Principal Advisor – Pacific Region of any complaints received from Tuvalu workers related to RSEs or any component of the RSE scheme. The Department will liaise or appropriately inform the Department-TUV of any complaints it receives related to or from Tuvalu’s workers.

5. Compliance

The New Zealand Government has a zero tolerance for overstaying under the RSE Policy. To ensure the sustainability of the RSE 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 Tuvalu if they experience negative consequences for non compliance relating to Tuvalu workers.
The Participants will cooperate in matters relating to the return of Tuvalu workers. The Department-TUV assigns the Honorary Consul of Tuvalu to New Zealand 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.

Complaints to, or information held by the Department that indicate non compliance with the RSE Policy will be investigated by the Department, as necessary. 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.