Job Check for Employer

What is a Job Check?

A Job Check is a critical step in the Accredited Employer Work Visa (AEWV) process. It ensures that employers have made genuine efforts to hire New Zealand citizens or residents before offering a role to a migrant worker.

A Job Check application must be approved before an employer can support a work visa application for a migrant worker.

Key Requirements for a Job Check

🟦 General Job Check Requirements

✔ Employer must hold valid accreditation (not suspended).
✔ The job must be genuine, full-time (30+ hours per week) and meet NZ employment laws.
✔ The wage must be at or above market rates and at least the NZ minimum wage.
✔ The employer must not pass recruitment or training costs to the worker.
✔ A Labour Market Test (LMT) is required unless the role is highly paid ($59.32+/hr) or on the Green List.

🟦 Labour Market Test (LMT) Requirements

A Labour Market Test is required unless:

🔹 The role is paid at least $59.32 per hour (or equivalent annual salary).
🔹 The role is on the Green List, and the worker meets the specified requirements.

If a Labour Market Test is required, the employer must:
✔ Advertise the role for a minimum of 14 days (or 21 days for lower-skilled roles).
✔ Engage with Work and Income NZ (WINZ) for roles classified as low-skilled.
✔ Provide a declaration confirming that no suitable NZ workers were available.

🟦 Advertisement Requirements for Job Check Approval

1️⃣ Where to Advertise

The job must be advertised:
✔ On a national job listing website (e.g., Seek, TradeMe Jobs).
✔ On an industry-specific website, if it is more likely to attract suitable candidates.

For low-skilled roles, the employer must also list the role with Work and Income NZ (WINZ).

2️⃣ Minimum Advertisement Period

✔ 14 calendar days for ANZSCO skill levels 1–3 (medium- to high-skilled roles).
✔ 21 calendar days for ANZSCO skill levels 4–5 (low-skilled roles).
✔ The job advertisement must be current (i.e., closed within 90 days before submitting the Job Check application).

3️⃣ Required Content for Job Advertisements

Each job advertisement must include:
🔹 Job title and detailed job description (key tasks and responsibilities).
🔹 Location of employment.
🔹 Minimum and maximum pay rates (hourly/annual salary).
🔹 Guaranteed minimum hours of work per week.
🔹 Type of employment (permanent or fixed-term).
🔹 Essential qualifications, work experience, and skills required for the job.
🔹 Notice periods and other terms consistent with employment law.

⚠ Important: The information in the advertisement must match the details in the Job Check application and the proposed employment agreement.

4️⃣ Genuine Recruitment Attempts

INZ expects employers to genuinely attempt to hire a New Zealand worker before seeking to employ a migrant. Employers must not:
🔹 Set unreasonable qualifications or skill requirements to exclude local workers.
🔹 Advertise with artificially low pay rates to discourage applications.
🔹 Limit the job listing to platforms unlikely to be seen by local job seekers.

5️⃣ Work and Income NZ (WINZ) Engagement (For Low-Skilled Roles Only)

For roles classified as ANZSCO skill level 4 or 5, employers must:
✔ List the role with WINZ before applying for the Job Check.
✔ Interview candidates referred by WINZ, if suitable.
✔ Act in good faith and retain evidence of engagement with WINZ.

Failure to follow these steps may result in Job Check rejection.

How MK Law Can Help You

Navigating the Labour Market Test and Job Check process can be complex. MK Law provides expert legal guidance to ensure compliance with INZ requirements and prevent application delays or rejections.

🟦 Job Check Application Assistance

We help employers:
🔹Prepare and submit Job Check applications with all required supporting documents.
🔹Draft job descriptions and employment agreements that meet INZ requirements.
🔹Avoid common mistakes that lead to Job Check rejections.

🟦 Labour Market Test & Advertisement Compliance

🔹 Ensure job advertisements meet all INZ content and timing requirements.
🔹 Guide employers through the WINZ engagement process (for low-skilled roles).
🔹 Prepare employer declarations and supporting evidence for Job Check approval.

🟦 Resolving Job Check Issues & Rejections

If your Job Check is declined, we can:
🔹Identify reasons for refusal and rectify errors.
🔹Request reconsideration or reapply with improved documentation.
🔹Lodge an appeal or challenge unfair refusals.

🟦 Ongoing Compliance & Employer Support

🔹 Job Check renewals & compliance reviews – Ensuring your business remains compliant.
🔹 Legal advice on hiring migrant workers – Avoiding risks and costly legal issues.
🔹 Handling INZ audits & investigations – Protecting your business from accreditation suspension.