Immigration alert: 90-day trial periods for AEWV holders
This alert discusses the recent 90-day trial period announcement from the government, and how this applies to migrant workers on an Accredited Employer Work Visa (AEWV).
90-day trial periods
A 90-day trial period can be used by employers to determine whether a new employee is suitable for a role. If an employee is employed under a 90-day trial period, and is dismissed during that period, they cannot bring a legal claim against the employer in relation to their dismissal.
Currently, only employers with 19 or fewer employees can rely on 90-trial periods.
However, this is set to change under the new government, who will allow all employers to use 90-day trial periods for new employees.
How does this apply to work visa holders?
A different rule exists for employers hiring people on an AEWV. Under immigration rules, employers cannot use a 90-day trial period when hiring people on an AEWV. This commitment is made by employers submitting Job Check or Accreditation applications.
(Note: this rule does not affect applications based on already-approved Job Checks, or migrants who already hold, or have applied for, an AEWV based on a job check approved before 29 October 2023.)
Our advice
If you regularly recruit workers under the AEWV scheme it may be helpful to have two sets of employment agreement templates: one for migrant workers and one for New Zealand citizens or residents.
Want to know more?
If you have any questions about the case or the topics discussed in this article, please contact our specialist Employment Team.
PDF version here.