Pay For "Trial" Days?

cormie

Hi,
I've a friend who is only learning English at present so wouldn't be fluent at all but can still hold a conversation, just slowly. Anyway, she applied or a job and was given two "Trial" days last week and was then called in to work 6 hours today. She got paid €50 for today but nothing for her trial days and was told that her English isn't good enough to allow her to work there but that she is welcome to come to work just so she can practice her English, but won't be getting any pay.

This sounds pretty dodgy to me and that she's being taken advantage of. Unfortunately she doesn't really stick up for herself as she should either.

I'm not up to date on the laws here but would appreciate any feedback on what's legal or not about the above

chappy

they are basically offering her work experience by the sounds of it.Completely legal and happens all the time.

In relation to the "trial" days most companies would pay for these but that should have been discussed prior to working them.

tenchi-fan

I worked for a company once. We got paid minimum wage for the first few weeks, followed by the proper wage after training.

Unless the employer specifically stated the "trial" period was unpaid, I would expect minimum wage.

cormie

Thanks for the replies

That's fair enough about the work experience, I think she actually wants to go for another few days, but to be honest, I don't know if she "wants" to, or feels it's impolite not to. She's a very shy girl and probably afraid to upset anyone so can be easily walked over.

Do you think if the trial period terms weren't discussed in relation to payment that one should assume they will at least get minimum wage?

I know I did an apprenticeship before and had a trial period on a wage that was the norm for 1st year apprentice (below minimum wage), but that's different I'm sure so would be interested to know where she stands with the 2 trial days if it wasn't stated to her that she wouldn't get paid.

Jo King

There is a presumption in law that she is entitled to be paid. It should be made absolutely clear before she starts that she would not be paid. the onus is on the employer. She should make a claim to the Rights Commissioner for minimum wage.

cormie

Thanks for that, I'll double check with her to see what was said before she started working. Is there legislation anywhere to back that up so I can show her/she can show employer?

HerbSimpson

I know personally of a coffee shop that used to post a job on FAS, general dish washing stuff. They would bring the person in for a "trial" always on a busy Saturday. After the trial they tell the person the position won't be available for 6-8 weeks. They didn't get payed for the "trial" and obviously can't wait 8 weeks for this "job". Rinse, repeat, always with foreign nationals, basically slave labour for their busy days. This was a few years back during the boom.

cormie

That's terrible alright, but basically unless it's agreed before hand by both parties it will be unpaid, it's to be assumed it will be at least minimum wage. I've told this to my friend I'm not sure if she has done anything about it yet.

tenchi-fan

cormie wrote: »

That's terrible alright, but basically unless it's agreed before hand by both parties it will be unpaid, it's to be assumed it will be at least minimum wage. I've told this to my friend I'm not sure if she has done anything about it yet.

What kind of job was it, cormie?

If it was a restaurant, both of you should go for a meal and a few bottles of wine some time the manager is there, making clear to the person who serves you that the menu sounds nice and you'd like to try x, y and z.

When the bill comes, simply say "sorry, it was a trial. You don't get paid for it"

It would be a fun way of making a point (although make sure you bring the cash with you in case it turns nasty!)

cormie

I already suggested that :P haha

I'll try and convince her to get what's owed to her anyway

Mrs OBumble

Galway has lots of stories of cafe's pulling this stunt with foreign nationals. I'm never sure how many are true, though.

Send her along to Citizens Information, and it's likely that they'll have an entertaining chat with the company on her behalf.