Tuesday 9 August 2022
As an employer, you must be accredited before you can lodge a job check application. If the job check application is approved, then the approved job will be associated to you as the direct employer.
The aim of the job check application is to ensure the proposed employment meets all employment and immigration requirements. The job offered to a worker must be the same as the details approved as part of the job check application.
You can have 5 jobs associated to you if you are granted Standard Accreditation. There is no limit to the number of jobs allowed to be associated for High Volume Accreditation. The job check application will cost $610. Immigration NZ estimates 10 working days to process the application.
Multiple jobs can be included in a single application if the details of the role are the same for all the jobs. For example, if the location, job title, or terms of work vary, then you will need a separate job check for each role.
In summary, you must include a detailed job description, proposed employment agreement and (if applicable) the evidence of labour market test.
Median Wage and Labour Market Test
Immigration NZ will be examining if the proposed employment details are deemed to be acceptable. One key requirement is the job must offer remuneration at or above median wage. As of July 2022, the median wage is at $27.76 per hour.
Certain roles are exempt from the median wage threshold. For example, some jobs in the Construction and Infrastructure, as well as Tourism and Hospitality sectors must pay at least $25 an hour. Specific jobs in the Care sector must pay at least $25.39 per hour.
The employment must not be for planting, maintaining, harvesting, or packing crops in the horticulture or viticulture industries. These roles remain to be governed under the Supplementary Seasonal Employment visa scheme.
Unless you pay twice the median wage ($55.52 per hour), you must meet the labour market test. This means you must make genuine attempts to recruit resident workers. There are rules around the period and details required as part of advertising a job. The job listing must close within 90 days before you apply for a job check.
Details of the Employment Agreement
You will be asked to include a proposed employment agreement and information about the minimum qualifications required to do the job. The position must be full-time and the employment conditions (e.g. pay rate and notice periods) must not be less favourable than the New Zealand market standard. The agreement must comply with the Employment Relations Act 2000.
Immigration NZ will vet the proposed employment agreement against the offer of employment submitted as part of the worker’s application for the work visa.
Remuneration Rule
Remuneration do not include allowances for work equipment, piece rates, commissions or bonuses based on performance. You must not pass on any recruitment, training, or equipment cost to the worker.
Remuneration must be paid in wages or salary unless the agreement specifies deduction for the cost of accommodation. Immigration NZ will assess if the deduction is reasonable.
Remuneration will be calculated based on the average guaranteed remuneration. For example, if the remuneration rate is within a range, then Immigration NZ will use the lowest rate. Talk to us if your worker is paid a salary and works variable hours, or if a part of their remuneration is not guaranteed.
Travelling Worker
If travel is required as part of the job, then the conditions of travel must be set out in the employment agreement. The conditions must not have the potential to disadvantage a worker.
When determining if the travel conditions have the potential to disadvantage a worker - Immigration NZ will look at factors such as notice period before being required to travel, compensation for travel and accommodation costs, and the process in place if a worker is not able to travel.
Job token
If your application is successful, then you will be issued a job token. The token contains a series of number which you must pass to the worker. The worker requires the token to complete the application for the work visa. An approved job check will be valid for six months.
How can we help?
Get in touch with us before you advertise your position. We will ensure your job advertisement meets immigration requirements.
If you would like to offer residence pathways to your workers, you should consider both the job advertisement and the job description carefully. They will have implications on your worker’s future residence application. We can advise you on what you need to consider.
Talk to us if the remuneration you offer includes a range of rates, variable hours or deduction for travel and accommodation We can ensure the remuneration you offer will meet immigration threshold.
This article is for general use only. Advice should be sought for specific circumstances. Please consult Teresa Chan at Teresa Chan Law Limited, Level 3, Westpac Building, 106 George Street, Dunedin 9016, 03-4771069, or email teresa@tchanlaw.co.nz
KEYWORDS: Immigration, employment, accreditation, job check, median wage, labour market test, job advert, remuneration, threshold, travel, accommodation, recruit.
