Labour Market Test
The labour market test assesses the availability of local workers to fill a job vacancy before an employer can hire an overseas worker. In New Zealand, a labour market test is mandatory for employers seeking to hire skilled workers from overseas.
To conduct labour market tests in New Zealand, employers must advertise the job vacancy on the government's job board for a period. The job advertisement must meet specific criteria, including providing a detailed job description, salary, and job location, among other requirements.
If the employer cannot find a suitable local candidate after the 28-day advertising period, they can then hire a skilled worker from overseas. The employer must provide evidence of the labour market testing process, including copies of the job advertisement and a summary of the applicant's qualifications and experience.
The purpose of labour market testing in New Zealand is to ensure that local workers can apply for job vacancies before employers look overseas to fill the position. The process is designed to protect the interests of local workers and promote the country's economic growth.
In sum, the labour market test is essential for employers seeking to hire skilled workers from overseas in New Zealand. It ensures that local workers have an equal opportunity to apply for job vacancies and helps to promote the country's economic growth by filling skill shortages with qualified overseas workers.
At Zeolla Solutions, we understand the importance of the Labour Market Test for employers seeking to hire skilled migrants in New Zealand. Zeolla Solutions assists employers with the labour market test process to ensure compliance with New Zealand's visa policies and achieve successful work visa applications.
Our team of experts guides the labour market test requirements and assists employers with the necessary steps to recruit New Zealand citizens or residence-class visa holders before offering the position to an overseas job seeker. We help employers advertise job vacancies on the government's job board and provide a detailed and well-written labour market test report.
Employers can rely on us to ensure that they provide the required evidence of genuine attempts to recruit New Zealanders to the Immigration Officer.
We advise employers to avoid common mistakes such as failing to provide a Skills Match Report, advertising the job so that no New Zealander would apply, or not giving evidence of attempts to train New Zealanders.
In cases where a Labour Market Test is unnecessary, we assist employers in determining if a position is included in shortage lists and if the employee meets the required requirements of the skills.
According to Immigration New Zealand, these are the most common reasons for New Zealand employers not meeting the ‘labour market test’:
Failure to provide a Skills Match Report;
The SMR or CSEH indicate that there are New Zealanders available;
No evidence of advertising or attempts to train New Zealanders;
The job was advertised more than three months ago or was not advertised for long enough;
The job was advertised in such a way that no New Zealanders would apply;
The advertising or the consultation with Work and Income was done after the job was offered to the applicant;
The location listed in the advertising/SMR/CSEH is different from the location included in the Employment Agreement;
No information or evidence regarding the outcome of the advertising was provided, or no evidence of attempts to train New Zealanders was provided;
Before offering the job to a foreign national who needs to apply for a work visa, you must advertise the role for a period on a national job listing website or any other suitable advertising means that is likely to attract New Zealanders. If you are unable to fill the position with a New Zealander, then Immigration New Zealand will seek evidence of your attempts.
In some instances, Immigration New Zealand may deem it possible to train a local for the position available. They may seek evidence of your training programme, records, and plans. You may also have to show attempts to reach out to relevant industry associations on the availability of suitable candidates and their feedback on current shortages for certain positions.
To ensure that your labour market testing process is conducted professionally and efficiently. Our advice and support can help you achieve a successful work visa application and attract the skilled migrants your business needs to thrive in New Zealand.