During a recruitment process, sometimes an employer may offer a short period of unpaid trial work to allow a person to demonstrate that they have the skills needed for a vacant job.
In the WA state industrial relations system, whether an unpaid work trial is lawful will depend on the circumstances, including:
- The job being offered – it may be unlawful to require an unpaid trial period where a trial is not necessary to demonstrate the skills required for the job.
- The length of the trial – a trial should only be as long as is necessary for a person to demonstrate their skills. This will vary from job to job, and depend on the nature and complexity of the work. A trial could range from one hour to one shift.
- The nature of the trial – a trial may be unlawful if it involves more than just a demonstration of a person’s skills. It should not be used by employers simply to get free labour.
- Supervision – a person being trialled should be under supervision for the whole period of the trial.
A person engaged in unpaid trial work may in fact be an employee at law. If this is the case, they will be entitled to minimum rates of pay and other entitlements.
Employees who believe they have been engaged in an unpaid trial that was unlawful, can follow the steps to make an underpayment complaint.
