Illegal practice

Submitted 8/12/2008

Michele Patterson - Executive director, SafeWork SA

Thanks to The Advertiser for highlighting the issue of unpaid trial or probationary work. This is an illegal practice that unforunately affects many people as they enter the workforce at this time of year.

Most employers do the right thing. However, we are aware that some workers are doing so-called trial work or probationary work without being paid.

Any period of trial/probation should be determined prior to the employee commencing employment and the employee must be paid for all hours worked.

Employers can be prosecuted and face penalties (of up to $2500 in relation to each occasion that an employee is not paid) for failing to pay or under-paying employees. Such employers will also be required to pay the employee.

SafeWork SA has provided information on this topic to schools, TAFEs, universities, unions, relevant industry and employer groups and backpacker hostels. We are also providing education sessions for TAFE students in the new year.

For more information on award pay rates or assistance with employment issues such as work experience or paid trial/probationary periods, call the SafeWork SA Help and Early Intervention Centre (HEIC) on 1300 365 255.

Our dedicated service deals with these issues immediately and provideds access to accredited industrial relations inspectors who follow up on such matters within the workplace.

Accordingly, I invites Ms Trudi Johns (The Advertiser, 4/12/08) to contact SafeWork SA directly on this issue so that we can investigate her query.

Anyone entering the workforce shoulde to wary of any offer of unpaid trial or probationary work, even if it seems like a good idea.

Unless it is a legitimate, structured education program of work experience, organised through your school. TAFE or university, you should be paid.

Michele Patterson

Executive Director, SafeWork SA