No. 97 - Migration for Employment (Revised), 1949

Provisions

• Ratifying countries are to make available on request to the International Labour Office and to other Members, information about its policies, laws and regulations relating to emigration and immigration, migration for employment and any general agreements and special arrangements it has concluded.
• A free service is to be maintained to assist migrants for employment and give them accurate information, and steps must be taken to deal with misleading propaganda on migration.
• Migrants are to enjoy adequate medical attention and good hygiene conditions while travelling and on arrival.
• They are to be treated no less favourably than citizens with regards to remuneration, trade union membership, accommodation, social security and employment taxes.
• Migrants and their families who have been admitted on a permanent basis may not be returned to their territory of origin if illness or injury prevents them from following their occupations.
• This Convention has three annexes, whose adoption is optional:
  • Annex I which contains detailed provisions on recruitment, placing and conditions of work of migrants not recruited under government-sponsored group schemes;
  • Annex II which deals with recruitment, placing and conditions of migrants recruited under government-sponsored group schemes; and
  • Annex III which deals with the importing of personal effects, tools and equipment.

Administered by

Department of Labour

• Employment Relations Act 2000
• Immigration Act 1987

Ministry of Justice

• Human Rights Act 1993
• New Zealand Bill of Rights Act 1990

How New Zealand implements it

• New Zealand has excluded Annex I of this Convention.
• The Immigration Act and the regulations made under the Act establish the legislative framework within which government policies are administered.
• The Immigration Act provides for residence permits to be issued to approved migrants, who then have the right to stay in New Zealand indefinitely, and need no further approval to take up work or enter any course of study or training. However, the grant of both welfare benefits and student allowances are tested against a two year residence requirement, except in the case of refugees. Migrants with resident permits have full access on the same terms as New Zealand citizens to the free employment services provided by the Government.
• Applications by temporary migrants for work permits are tested against the labour market, and are approved for only a limited period.
• With regard to terms and conditions of employment, no distinction is made between New Zealand citizens and migrants who are lawfully in New Zealand on residence permits. Persons who believe they have suffered discrimination by reason of their national origin may make a complaint under the Human Rights Act or pursue a personal grievance under the Employment Relations Act.
• There is no provision whereby migrants and their family may be returned to their country of origin if, because of illness or injury, they are unable to follow their occupations.
• It is an offence under the Immigration Act to publish or disseminate false or misleading information for the purpose of encouraging or preventing migration to New Zealand. Additionally, penalties for migrant trafficking have been introduced under the Immigration Act.
• Once migrants have been resident in New Zealand for two years they become entitled to access standard income support form the Government. Financial assistance is also available to those migrants who have been resident for less than two years where a need for emergency assistance is demonstrated.
• In terms of assistance with employment, Work and Income is directly accountable to Government for the provision of a range of free services to people seeking work and requiring income support. Work and Income aims to facilitate job seekers who are residents into, or towards, independence by providing a range of services.
• The Recognised Seasonal Employer (RSE) Work Policy facilitates the temporary entry of overseas workers to meet labour shortages in the horticulture and viticulture industries. The RSE Work Policy is geared towards Pacific States, and employers are able to recruit from eligible Pacific Islands Forum member nations. Recruiting from other countries is allowed if employers have already made reasonable attempts to recruit from the Pacific; or a pre-established relationship with another country.
• Apart from refugees who come to New Zealand under the Refugee Quota Programme, all migrants organise their own travel arrangements to New Zealand. Refugees who come under the Refugee Quota Programme have their airfares paid for, and undergo a six week orientation programme at the Mangere Refugee Resettlement Centre. The Refugee and Migrant Service is contracted to locate and maintain sponsors for refugees when they leave the centre.

This Convention is not applicable to Tokelau.

Ratified - 10 November 1950

Total ratifications - 47

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