Unpaid work can take on different forms. In the hospitality industry, these arrangements can involve unpaid trials that are entered into to test a person’s job skills. These arrangements can be initiated by employers or the person wanting the work or experience.
Unpaid trials (skills demonstration)
A brief work trial can be legally unpaid if it is necessary to evaluate someone’s suitability for the job, and:
- it involves no more than a demonstration of the person’s skills, where they are relevant to a vacant position
- it is only for as long as needed to demonstrate the skills required for the job. This will be dependent on the nature and complexity of the work, but could range from an hour to one shift
- the person is under direct supervision of the potential employer (or other appropriate individuals) for the entire trial.
Any period beyond what is reasonably required to demonstrate the skills required for the job must be paid at the appropriate minimum rate of pay. If an employer wants to further assess a candidate’s suitability, they could employ the person as a casual employee and/or for a probationary period and pay them accordingly for all hours worked.
For more information about unpaid trials please see our Unpaid Work Fact Sheet.