However, employee exploitation remains a persistent issue, particularly in industries that rely on migrant workers, low-wage employees, and those with limited knowledge of their rights. Exploitation can take many forms, from underpayment and excessive work hours, to unsafe conditions and workplace harassment.
As an employee, recognising the signs of exploitation is crucial to ensuring you receive fair and lawful treatment in the workplace. In this article, we’ll explore the different types of worker exploitation, common warning signs, industries most at risk, and the steps you should take if you suspect you’re being exploited.
What is Employee Exploitation?
Employee exploitation occurs when an employer violates employment laws or ethical standards to gain an unfair advantage over their workers. This often includes:
Underpayment or wage theft
Excessive and unpaid work hours
Unsafe working conditions
Workplace bullying, harassment, or coercion
Threats of deportation or visa manipulation for migrant workers
Denial of legal entitlements such as breaks, sick leave, or holiday pay
Exploitation can happen in both legal and illegal employment arrangements, and affects workers of all backgrounds, particularly those in vulnerable situations.
Common Signs of Employee Exploitation
1. Underpayment and Wage Theft
One of the most common forms of exploitation is not receiving fair wages. Warning signs include:
Being paid below the minimum wage.
No pay slips, or irregular wage payments.
Employers deducting wages unfairly for accommodation, meals, or uniforms.
Workers being forced to work extra hours without proper overtime pay.
2. Excessive Working Hours and No Rest Breaks
Labour laws set maximum working hours, and require rest and meal breaks. Signs of excessive work exploitation include:
Being forced to work long hours without breaks.
No compensation for overtime, weekend, or public holiday work.
Employees being told to stay late without pay or face consequences.
3. Unsafe Working Conditions
Employers are legally required to provide a safe and healthy work environment. Signs of unsafe conditions include:
Lack of safety equipment or proper training.
Exposure to hazardous materials without protection.
Workers getting injured due to neglect and not receiving compensation.
Employers ignoring health and safety complaints.
4. Threats, Coercion, or Intimidation
Some employers use fear and manipulation to control employees. This can include:
Threatening to fire or report workers to immigration authorities.
Employers withholding important documents (e.g., passports or work permits).
Employees being forced to sign contracts they do not understand.
Verbal abuse, bullying, or other forms of intimidation.
5. Denial of Legal Entitlements
Every employee in New Zealand is entitled to basic rights under current employment laws. Signs that an employer is violating these rights include:
Denial of annual leave, sick leave, or public holiday pay.
No access to proper employment contracts or written agreements.
Employees not receiving payslips or records of employment.
6. Discrimination and Workplace Harassment
Exploitation often includes discriminatory or abusive practices. Signs of this include:
Employees being treated unfairly due to race, gender, religion, or nationality.
Sexual harassment or inappropriate behaviour by managers or colleagues.
Workers being punished or demoted without reason.
Employers ignoring complaints about discrimination or harassment.
7. Misuse of Work Visas and Immigration Status
Migrant workers are particularly vulnerable to exploitation. Common warning signs include:
Employers forcing workers to work outside their visa conditions.
Employers demanding payment in exchange for visa sponsorship.
Migrants being tricked into signing fake contracts.
Threats of deportation if workers report mistreatment.
What to do if you are being Exploited
If you feel that you are being exploited, there are several steps you can take to address the situation:
1. Know Your Rights It’s important to be aware of your rights under existing employment laws. These protections and include:
Employment Relations Act 2000: Ensures fair employment agreements and protection from unfair dismissal. It also guarantees minimum legal entitlements.
Minimum Wage Act 1983: Establishes the minimum wage all employees must be paid.
Health and Safety at Work Act 2015: Requires employers to provide a safe working environment, and protects workers from unsafe practices and conditions.
Immigration Act 2009: Prevents employers from exploiting migrant workers. Employers cannot threaten deportation or withhold visas.
The Holidays Act 2003: Grants employees sick leave, annual leave, and public holiday entitlements.
2. Keep a Record Document any instances of exploitation, including (un)paid wages, hours worked, duties performed outside your job description, and any unfair treatment you experience. This will be important if you decide to take further action. Be sure to also keep records of your employment contract, pay slips, and communication with your employer.
3. Talk to Your Employer If you feel safe doing so, have a conversation with your employer or manager about your concerns. Sometimes misunderstandings can be cleared up through direct communication. Express your concerns about working conditions, pay, or any other issues you face, and ask for the changes you need.
Who to Contact
Employment Relations Specialists
If talking to your employer doesn’t resolve the issue, you can seek help from an employment relations specialist. They offer support, guidance, and representation in any further proceedings when escalating your case.
Relevant Agencies
If discussions with your employer remain unsuccessful, you can file a formal complaint with the Employment Relations Authority (ERA). The ERA is responsible for resolving disputes between employers and employees. They can investigate complaints of exploitation, and provide a legal remedy if necessary.
You can also report employment issues to Employment New Zealand. Contact them if you believe your employer is not adhering to employment standards.
Remember, you have the right to work in a fair and respectful environment. There are multiple channels to seek assistance if you feel exploited or unfairly treated at work. Don’t hesitate to reach out for support, and take the necessary steps to protect your rights.
Conclusion
Employee exploitation remains a serious issue, particularly in industries reliant on low-wage or migrant labour. Recognising the signs of exploitation is essential for ensuring you receive fair treatment in the workplace. By understanding your legal rights and knowing how to report abuse, you can protect yourself, and contribute to a fairer employment landscape.
Mahi Law can Help!
Our expert team will help you understand your employment rights, and pursue resolution (including compensation) through various channels, such as: Without prejudice negotiations, mediation, the Employment Relations Authority, or Employment Court if required.
We also work on a no-win, no-fee basis – if we win your case, your employer covers the costs.
Get in touch for a free consultation! You can fill out this form – or contact us at admin@mahilaw.nz, or 0800 450 032.
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