Legal Insights

Recruiting Migrant Workers from the Philippines

Migrant workers from the Philippines are becoming an important source of labour to a number of New Zealand employers.

When you recruit from the Philippines you must follow the legal requirements of the New Zealand and Philippine governments. Immigration New Zealand (INZ) is responsible for deciding the visa applications of the migrants while the Philippines Overseas Employment Administration (POEA), a Philippine government agency, is responsible for granting exit clearance to Filipino workers. In other words, the POEA deals with workers when they leave the Philippines, and INZ deals with workers when they enter New Zealand.

There are typically two ways to recruit Filipino workers by either using a New Zealand recruitment agent to recruit on your behalf, or working directly with a POEA licensed recruitment agent in the Philippines.

Under the Philippine law you will be required to cover recruitment, relocation and immigration costs for employees from the Philippines unless you decide to employ the Filipino workers through a New Zealand recruitment agent who then becomes the employer of the Filipino worker. By doing so, you could avoid the upfront cost as recruitment agent recoups costs by building a margin into their charge-out rate over the course of the employment agreement. You have to weigh carefully which option is appropriate for your business.

O'neal Mendoza
O’neal Mendoza, Solicitor

If you want to explore your options and to know more about hiring Filipino, we have expertise to provide legal service on the legal requirements for both New Zealand and Philippine governments.

For more information contact O’neal Mendoza