A warning for potential job seekers (1 Viewer)

[Collin]

With the holiday season coming up and with droves of post-HSC students looking for jobs, I thought I'd make a point about this.

You may know this, or you may not.. but I know we have alot of job seekers here who have perhaps never been in the work force before and can be quite naive when it comes to things.

Straight to the point:

Under currently existing N.S.W law, it is illegal for an employer to demand a period of unpaid work trials for job applicants & new employees.

This obviously doesn't include situations where you engage as a volunteer or as a participant of a work experience program (e.g for school).

I know people and certainly heard stories in this forum dating far back in which people have been working for free at a new job for a little while, as a 'trial' for your manager. This is illegal.

Straight off the Office of Industrial Relations website of the N.S.W government:

"There is no such thing as an unpaid trial where an employer requires you to work in a job for a trial period. This is particularly so where the work you perform benefits the employer's business and would otherwise be performed by paid staff."

If you know this already, good on you. But if you don't, be careful.

 

[arooshika...]

With the holiday season coming up and with droves of post-HSC students looking for jobs, I thought I'd make a point about this.

You may know this, or you may not.. but I know we have alot of job seekers here who have perhaps never been in the work force before and can be quite naive when it comes to things.

Straight to the point:

Under currently existing N.S.W law, it is illegal for a job seeker like yourself to engage in unpaid work trials.

This obviously doesn't include situations where you engage as a volunteer or as a participant of a work experience program (e.g for school).

I know people and certainly heard stories in this forum dating far back in which people tell stories of working for free at a new job for a little while, as a 'trial' for your manager. This is illegal.

Straight off the Office of Industrial Relations website of the N.S.W government:

"There is no such thing as an unpaid trial where an employer requires you to work in a job for a trial period. This is particularly so where the work you perform benefits the employer's business and would otherwise be performed by paid staff."

If you know this already, good on you. But if you don't, be careful.

my first trial was unpaid but i stuffed up during the trial (long story) so she gave me another chance (so sweet of her) and that was definately a paid one

 

[sweetgurl]

what could u do in such circumstances?
wont it threaten ur job propects if u argue wif the employer to say 'isnt it illegal and there is no such thing as unpaid work trials..."?

 

[pete_mate]

what could u do in such circumstances?
wont it threaten ur job propects if u argue wif the employer to say 'isnt it illegal and there is no such thing as unpaid work trials..."?

exactly, for a high paying i'd gladly accept this, even offer

 

[ogmzergrush]

I guess this is where you stop and ask yourself, if someone is that willing to screw you over, before you're even on the books, do you really want to work for them anyway? If they're willing to bend the law to get something out of you for nothing once, they'll be more than happy to do it again.

 

[Idyll]

In terms of unpaid trials, you can always demand payment after the trial has occurred. If they refuse, take it to the Department of Industrial Relations and they'll get the money out of them on your behalf.

There have been numerous cases in the paper where employers continually put people on unpaid trials and don't hire anybody to save on staffing costs. I remember one where somebody did an unpaid trial for a week. Needless to say, the Department of Industrial Relations found out and the employers coughed up. They're there to protect people who don't really understand the "system" yet.

Although, personally I wouldn't advise working for any employer that uses unpaid trials. Chances are it's not going to be a very good working relationship.

 

[Collin]

In terms of unpaid trials, you can always demand payment after the trial has occurred. If they refuse, take it to the Department of Industrial Relations and they'll get the money out of them on your behalf.

There have been numerous cases in the paper where employers continually put people on unpaid trials and don't hire anybody to save on staffing costs. I remember one where somebody did an unpaid trial for a week. Needless to say, the Department of Industrial Relations found out and the employers coughed up. They're there to protect people who don't really understand the "system" yet.

Although, personally I wouldn't advise working for any employer that uses unpaid trials. Chances are it's not going to be a very good working relationship.

That's true, however now that the IR laws have passed, it will become far more difficult to get compensation over the issue of unpaid trials. Infact there was an article in the paper 3-4 days ago over the issue of how much more complicated things can become trying to reclaim lost pay after the IR legislation passed parliament.

My opinion is I agree with ogmzergrush and that I wouldn't contemplate working for an employer who is that rotten in the first place. Perhaps some small businesses make the honest mistake of not knowing about these laws, and that could be an honest excuse. In that event, you should certainly remind them of these rights you have and if they get nasty afterwards, you know they're a rotten bunch of wankers anyway.

 

[arooshika...]

In terms of unpaid trials, you can always demand payment after the trial has occurred. If they refuse, take it to the Department of Industrial Relations and they'll get the money out of them on your behalf.

There have been numerous cases in the paper where employers continually put people on unpaid trials and don't hire anybody to save on staffing costs. I remember one where somebody did an unpaid trial for a week. Needless to say, the Department of Industrial Relations found out and the employers coughed up. They're there to protect people who don't really understand the "system" yet.

Although, personally I wouldn't advise working for any employer that uses unpaid trials. Chances are it's not going to be a very good working relationship.

i did an 'interview' at nuts galore and they said it will only be for 15mins, it turned out for more than an hr trial and i had to tell them i had to go.

they took an advantage of me and anyways i wouldnt want to work there, so little room space.

 

[Jase]

what the hell?

they trial AND lied to you at an 'interview'.

 

[arooshika...]

what the hell?

they trial AND lied to you at an 'interview'.

yep they said it was an interview but when i reached there that day it was actually a trial

 

[Lundy]

I wouldn't want to work at a shop called nuts galore anyway

 

[santaslayer]

a lot of stores do that...if ure desparte for a job then u dont have much say..laws are just laws...they dont really help if ure financially screwed...

if ure not worried about getting the job...i guess u could trial for a while and then report them...catch them red handed...lol

 

[Undertoad]

Thanks for that its always good 2 no. I hate standing up for myself in job situations though.

 

[Collin]

I hate standing up for myself in job situations though.

I think that's just the wrong attitude. You won't get anywhere in a career (or may I even generalise, life) without having some guts and ambition. Failure to be somewhat assertive in the workplace can really drag you down. This issue amplified now that the IR reforms have passed through parliament.

 

[iambored]

From working, I am also learning to stand up for myself and for others more than before, I think working really brings out different parts of your personality. It takes time but you learn, and you have to before they walk all over you.

 

[Ranger Stacie]

the thing is though if people are desperate for employment they will do the unpaid trials in the hope of getting a job in the long run

 

[iambored]

the thing is though if people are desperate for employment they will do the unpaid trials in the hope of getting a job in the long run

Yes, I would do an unpaid trial (not for more than a day or two) and not make a fuss if I could get a job after.

 

[santaslayer]

Yes, I would do an unpaid trial (not for more than a day or two) and not make a fuss if I could get a job after.

Then report the fucker if they don't hire you. Or threaten to.

 

[iambored]

Then report the fucker if they don't hire you. Or threaten to.

Nice thinking

 

[hApPy1]

With the holiday season coming up and with droves of post-HSC students looking for jobs, I thought I'd make a point about this.

You may know this, or you may not.. but I know we have alot of job seekers here who have perhaps never been in the work force before and can be quite naive when it comes to things.

Straight to the point:

Under currently existing N.S.W law, it is illegal for an employer to demand a period of unpaid work trials for job applicants & new employees.

This obviously doesn't include situations where you engage as a volunteer or as a participant of a work experience program (e.g for school).

I know people and certainly heard stories in this forum dating far back in which people tell stories of working for free at a new job for a little while, as a 'trial' for your manager. This is illegal.

Straight off the Office of Industrial Relations website of the N.S.W government:

"There is no such thing as an unpaid trial where an employer requires you to work in a job for a trial period. This is particularly so where the work you perform benefits the employer's business and would otherwise be performed by paid staff."

If you know this already, good on you. But if you don't, be careful.

So this is very interesting- my boss just told me on my first official shift that my "training session" was optional hour-wise (and i do remember this) but that my four hours in this fast-food joint would not be paid for on account of this being optional.

i did in fact contribute to the sales of teh business since i stood at the register taking orders, prepared a bit of food and cleaned up teh store a fair bit. I was quite shocked to find him say that "we here do not pay for training our staff but rather they come in for as much as they need to get a feel of the place and get a free meal", i should mention at this point that he asked me "would u like a free chicken" when i said i didnt want one he insisted- so i took it :/


ps. i dont want no friggen chicken- i want the money i worked for... what the hell is going on? i am prepared to do something- but what? do i even have a right to get paid for this so-called "training"?

any advise would be greatly appreciated...thanx peeps