New Zealand | 90-day trial period allowed for certain employers

Immigration New Zealand announced the extension of the 90-day trial period to all employers except accredited employers using the Accredited Employer Work Visa.

Key Points:

• As previously reported, immigration officials recently eliminated the 90-day trial period in employment agreements for accredited employers on the AEWV.
• Government officials are now allowing the 90-day trial period to all other employers.
• Accredited employers are not able to use 90-day trial periods in employment agreements when hiring people on an AEWV to encourage the fair treatment of migrants and to facilitate recruitment only when there is a genuine labor need or skills gap.

Additional Information: Government officials recently issued a new requirement for labor hire (triangular) employment firms who place migrants in specific construction occupations. The new requirement states that these employers must have at least 35% of the labor hire workforce made up of New Zealand citizens and residents in full time employment, which represents an increase from the previous threshold of 15%.

BAL Analysis: These changes are designed to treat foreign workers more fairly and ensure genuine labor needs and skills gaps are filled, while also protecting employment opportunities for New Zealand citizens and residents. Employers should be aware of the new guidelines and understand their responsibilities when hiring individuals using a 90-day trial period in their employment agreements.

This alert has been provided by the BAL Global Practice Group.

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