Unpaid wages, illegal deductions and 'pay-back' demands: what migrant workers can do

The baseline

Minimum wage applies to all hours worked. The adult minimum is $23.95 an hour from 1 April 2026.
Holiday pay (8% of gross earnings) and final pay must be paid when employment ends: see our final pay guide.
Deducting wages without the employee's permission is unlawful. Deductions for 'recruitment costs', 'visa costs' or 'fines' are red flags.
You must receive a written employment agreement and the pay stated in your visa application (the amount in your job offer is listed in your visa conditions).

What real cases look like

Staff working 60 to 90 hours a week but paid for around 30.
New staff working a week or two unpaid.
Wages deducted to pay a recruitment agency overseas.
Passport or ID held by the employer.

Employment NZ publishes cases of interest where the Authority and courts have ordered back pay and penalties against employers and their directors. That's no guarantee of your outcome, but it shows these claims are taken seriously.

Steps to recover what you're owed

Gather evidence: payslips, bank statements, timesheets, rosters, messages, your employment agreement.
Work out what you think you are owed (our final pay tool can help).
Raise it in writing with your employer, politely and with dates and amounts.
If they don't fix it, contact Employment New Zealand (0800 20 90 20) for help, or report exploitation on 0800 200 088 if it fits.
A Labour Inspector can investigate. Mediation is free. You can also apply to the Employment Relations Authority.
Get free help: Community Law, CAB, your union.

Letter asking for unpaid wages

Dear [employer], I worked for you from [start date] to [end date] as [job title]. My records show I worked [hours] hours in the period [dates] but was paid for only [hours]. I am also owed [holiday pay / final pay / deducted amount of $X on date]. In total I believe I am owed $[amount]. Please pay this by [date, e.g. 7 days] into my account [details]. If it is not resolved I will seek help from Employment New Zealand. Kind regards, [Name]

Time limits

If your employer goes into liquidation, see our liquidation guide: some wages may have priority.

Will complaining affect my visa?

INZ says reporting your employer won't affect your visa, and Employment NZ encourages reports even if you've been working unlawfully. If you are exploited, you may be eligible for the free MEPV: see our exploitation guide. An employer threatening to 'call immigration' is itself a form of exploitation.

Sources

General information only. Confirm with the agency for your situation. Spotted something out of date? Email help@unemployed.nz.