important for workers and those looking for work! (1 Viewer)

[iambored]

Unpaid Work Trials

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.

However, it is possible to work as a volunteer for an organisation, such as a charity, and not be paid for the work that you do.

Each year, the Office of Industrial Relations receives a large number of calls from young people with complaints about unpaid trials, with a sharp rise over the Christmas period.

Here are a few typical examples:

A casual shop assistant with a Sutherland florist who was let go after a three-day 'trial' recovered $162 in unpaid wages after the OIR intervened.
A South Coast transport worker who was put on for two weeks at a 'trial rate' which was below the award covering that work, and did not include overtime and leave entitlements recovered $461.
A casual clerk from East Maitland recovered $131 after a three-day 'trial'.
A waitress from Koolewong recovered $202 following a three-day 'trial' with a restaurant.
A kitchen hand at a nursing home in Armidale recovered $230 for three days work.
If you are required to perform productive work for an employer, you are entitled to be paid proper wages.

Other things to look out for...
employers not giving you job offers in writing
employers not paying you on time
jobs which pay you only by commission
work experience or practical placement which is not recognised or approved of by an educational institution (whether or not as a requirement for the award of an academic qualification or for qualification in a recognised trade vocation).
Provided that you are not working as a volunteer, you have the right to be paid for any work you are required to do during the course of a trial period. Don't let anyone tell you otherwise!


Work Experience

Trial work must not be confused with unpaid work experience or practical placements, which are usually registered and administered through an educational institution. Those doing work experience or practical placements may be allowed to observe, or to participate in, any element of work or workplace activities in accordance with the academic or course requirements of the institution.

thanks for the info

the problem here is that you can't complain while you are at the job or they will probably fire you. 3 days unpaid work means you will have a job straight after

 

[^CoSMic DoRiS^^]

thanks for the info

the problem here is that you can't complain while you are at the job or they will probably fire you. 3 days unpaid work means you will have a job straight after

true, but it shouldnt be encouraged, especially when it goes over a long period of time like that poor girl who worked for a month without pay. they can "trial" you all they like but they have to pay you for doing the work. i'd rather be fired from a place with dodgy ethics than stay on and get screwed over.

 

[Annegelic]

good info.
my previous job was cash in hand, no tax, no shift log book, or anything that backed up my whole year and a half of working there.. haha i realise now i was seriously underpaid. oh well.. i <3 my job now.

 

[iambored]

true, but it shouldnt be encouraged, especially when it goes over a long period of time like that poor girl who worked for a month without pay. they can "trial" you all they like but they have to pay you for doing the work. i'd rather be fired from a place with dodgy ethics than stay on and get screwed over.

i like your reasoning, that's definitely true.

 

[withoutaface]

What is your job? You get paid cash in hand as well don't you? Sounds like a dodgy business to me

He's running drugs for the Corby family.

 

[iambored]

What about this scenario. I started work at a large retail chain approx. 3 weeks ago, have done quite a few shift, and my bank account hasn't shifted a cent. I haven't been paid yet, now Ive given them the benefit of doubt for long enough to get their affairs sorted. Should I bring it up with someone or wait a while longer?

3 weeks isn't that long for a large retail change. provided they have records of when you have worked, since it is a large chain you shouldn't get screwed over, they will pay you eventually. if you don't desperately need the money i would wait 2 or 3 more weeks and then definitely do something, if you do then ask them about it now.

i never realised that this was illegal. My cousin's first job was as a receptionist with a swimming company. She worked for 4 weeks without getting paid a cent, she gave up and quit. Now she's working at maccas. Then again she said the dude was a total sleaze and kept trying to come onto her...

that is definitely dodgy and she should definitely get paid, tell her not to give up because that place will be constantly getting free labour

 

[yenta]

good info.
my previous job was cash in hand, no tax, no shift log book, or anything that backed up my whole year and a half of working there.. haha i realise now i was seriously underpaid. oh well.. i <3 my job now.

Lol exactly the same as me. I got paid 10 bucks an hour cash in hand when I was 18. Not heaps underpaid but still could've got better pay elsewhere

 

[sugaryblue]

technically yeah you should be able to. But what i don't get is how you can actually prove that you're working for a company and that you've done the hours you're claiming to. Unless you keep some kind of a log or journal, and even that means very little.

well i know the boss kept a note book and hours and how much he paid me

oh well, i can't be bothered to get my money back though, considered a leesson learnt.