Unpaid trial period

[crapmemory]

My son went for an interview and he has been offered the job on one weeks trial basis UNPAID! Is this legal?

[RATTER15]

I imagine it is, no one can tell your son that he has to be paid, no one is making him do it. Never heard of it though, they sound like cheapskates to me!!

[Buenchico]

It's probably legal, if rather unethical.

In general, anyone who is in the employment of another person must receive the national minimum wage. There are only a few exceptions but one of these is 'voluntary workers'. The exemption was written into the law for perfectly good reasons. (For example, many charity shops would have to close if they suddenly had to pay all of their voluntary staff). Unfortunately, certain unscrupulous employers seek to take advantage of this 'loophole'.
http://www.direct.gov.uk/Employment/Employees/ Pay/PayArticles/fs/en?CONTENT_ID=10027201&chk= 00/jcP

If your son sees the job as a stepping stone to something higher, with a better employer, it might be worth the sacrifice. However, if the job only offers a 'dead end', where he'll be stuck with the same lousy employer for years, he'd probably be best advised to reject the offer.

Chris

PS: HMRC are responsible for ensuring that firms pay the national minimum wage. Irrespective of whether your son takes up the offer, it might be worth phoning their hotline to let them know about how this employer seeks to get around the legislation. (Details are in the link above).

[louisem06]

I once got a job that made me do a week trial for free. Yes it is legal, even though its tight. Mine didnt keep me on and did the same to another girl the week after!

[crapmemory]

Thanks very much all of you that replied. I think they are cheapskates and will try to get a weeks work out of my son for free, just like Louise.