When starting a new job your employer might ask you to do a work trial or work for a probation period. Your employer can do this as it provides an opportunity to see if you can do the job and to see how you like it.

If you are going to start a work trial or probation period, your employer MUST:

• Tell you how long your work trial or probation period will be – it can’t be longer than three months.
• Pay you for any work that you do – even if it’s only a few hours. You should be paid the same amount you would be paid for doing the actual job.

Unpaid work trials are illegal

It is against the law for an employer (or prospective employer) to make you do an unpaid work trial, even if it is just for a few hours. It is fine for an employer to invite you in to look around the workplace and meet the other staff but if you work, you must be paid.

NSW IR receives many complaints about unpaid work trials, especially from young people during the Christmas holiday period.

What if I am forced to work an unpaid trial period?

NSW IR wants to know about any cases of unpaid trial work. Note down the days and times you have worked (or are being asked to work) for no pay and contact NSW IR by phone or online if this happens to you.

If you do not receive payment for the work trial, we can take steps to recover the payment from the employer.

However, it is important that you obtain some evidence of your unpaid work trial – this could be:

• A copy of the advertisement (print or electronic) for the job.
• Any correspondence (written or electronic) that you have received from the business about your appointment for trial work.
• Names and phone numbers of witnesses who would be able to confirm that you were at the workplace at the time and date indicated. (This could be someone from another business who you may have had contact with during the trial work period).
• Photographic evidence.

Handy tip:  If you don't get anything in writing from a potential employer confirming they have asked you to complete a short work trial, send them a letter, email or text message stating your acceptance to work the trial and set out the arrangements – date you will do the trial, start and finish time.  This can be used to support any claim for wages you may make later if you don't get paid!