Newly qualified fitness instructor/personal trainer and not being paid!

Ik2018

Hi I've recently got my qualifications as a fitness instructor and will be completely qualified as a personal trainer in 3 weeks.

I have been taken on by a local gym which has told me that i will not be getting paid until the end of January when they see how i am getting on and then they will see if they want to keep me on and give me a contract. This doesn't seem right to me and i don't even know if it is legal.

I have been with this gym for 3 weeks now working, doing a full weeks work and they are using me to cover shifts and take classes just because they don't have to pay me.
This is really irritating as I have bills to pay and have no income. It is turning me off the industry but i really don't want to leave, but also don't want to be taken advantage of.
I talked to my new manager and he told that gyms don't pay newly qualified trainers for the first couple months, ( this sounds like BS to me. Is it true? ) and that's why i don't see the point of going to another gym if i will have to start off with no pay again.

It is really annoying me and turning me off the industry, i would really appreciate if somebody could clarify if this is right or wrong. Thank you.

JayRoc

Were you made aware before you started the job that they would not be paying you for your work? You hardly agreed in advance to work for nothing.

What happened when you were discussing rates of pay, etc? We are definitely talking about a job, as opposed to an "internship", right?

Not paying an employee for their first month to "see how they work out" is not normal in any industry I know of, including gyms.
Sounds like you are being taken for a ride. Sorry.

Ik2018

Yes it is definitely a job not an internship. My manager has said that im on trial for the month of January and this is without pay.
See, i was already member of the gym for a couple years so i new the owner, but a new manager has taken over and they didn't actually discuss pay or anything properly with me until i brought it up. I feel like im being taking advantage of, but i asked him why i am not getting paid now and he said that new instructors don't get paid ? Like i didnt want to bring it up again until i know the facts, if this is true or not.

Keano

I don't for a second believe this is legal but someone else might correct me on that.

However, ask your employer to put this in writing about your trial period and you would also like to know the pay rates in the future.

valor rorghulis

If they were training you how to take classes, inductioning people etc. this would be somewhat reasonable, but it doesn't sound like that's what's going on.

I'd be looking for work elsewhere immediately, the way they're treating you sounds like they could drop you like a hot potato if they think you're in any way surplus come February

I'd have a real concern they could just be using you for the busy January weeks.

Mooooo

Id question if insurance would cover them if something happened in one of your classes. Trial and probationary periods common yes, without pay no. That would be internship scenario etc

Transform

start as you mean to go on, thats not a very positive start.

they will chance their arm on what they can get away with

rpurfield

Most definitely not legal, I know it leaves you in a **** position but I'd raise the issue again and contact a union or citizens advice or NERA (national employment rights agency) about it, if they don't sort you. Just be aware that in the first 12 months of any job you aren't covered by the unfair dismissals act so they can basically let you go with no comeback.

JayRoc

Please don't take this the wrong way, but the way I'm reading your replies (starting a job without confirming how much you'd be getting paid, reluctance to bring up the fact with your manager that you're not being paid for your work) makes it seem that you are not very assertive and as such might be vulnerable to being taken advantage of. Are you quite young? Is this your first job?

Talk to someone in management immediately and if you don't get satisfaction straight away, walk.

I would also recommend contacting NERA

cycle4fun

At least on a positive note you will have some work experience if you leave.

robindch

Ik2018 wrote: »

I talked to my new manager and he told that gyms don't pay newly qualified trainers for the first couple months, ( this sounds like BS to me. Is it true? ) and that's why i don't see the point of going to another gym if i will have to start off with no pay again.

Coming in a few days late to this one, but (as a former employer and employee myself) I would never ask somebody to work for nothing, not would I work for nothing - unless there was some other written understanding in place as regards benefits, higher subsequent salary which makes up for lost earnings at the start - and that kind of thing.

So far as I'm aware, it's not illegal to work for nothing for somebody, nor is it illegal to employ somebody and pay them nothing - that's just down to a commercial discussion and there are plenty of people who do voluntary work. A period of probation, which seems to be what your employer thinks you're in, is usually paid at the level of a full salary, or something close, so I can't imagine what your employer might be thinking when refusing to pay you. I'm assuming here, btw, that owners or senior management at the gym believe you're being paid, while the people a few rungs down are redirecting your salary elsewhere.

More generally, it seems that you don't have a written contract which documents the terms and conditions of your employment in the first place.
You should have this document and it should include specific terms about pay, holidays, illness, pension, health insurance and the rest (not all may be present).

If you don't have a written contract, then you should either demand one by the end of this week (they're easy enough to put together), or else, leave until they do produce one.

Cape Clear

robindch wrote: »

Coming in a few days late to this one, but (as a former employer and employee myself) I would never ask somebody to work for nothing, not would I work for nothing - unless there was some other written understanding in place as regards benefits, higher subsequent salary which makes up for lost earnings at the start - and that kind of thing.

So far as I'm aware, it's not illegal to work for nothing for somebody, nor is it illegal to employ somebody and pay them nothing - that's just down to a commercial discussion and there are plenty of people who do voluntary work. A period of probation, which seems to be what your employer thinks you're in, is usually paid at the level of a full salary, or something close, so I can't imagine what your employer might be thinking when refusing to pay you. I'm assuming here, btw, that owners or senior management at the gym believe you're being paid, while the people a few rungs down are redirecting your salary elsewhere.

More generally, it seems that you don't have a written contract which documents the terms and conditions of your employment in the first place.
You should have this document and it should include specific terms about pay, holidays, illness, pension, health insurance and the rest (not all may be present).

If you don't have a written contract, then you should either demand one by the end of this week (they're easy enough to put together), or else, leave until they do produce one.

The only company I ever heard of "getting away" with not paying employees was Brown Thomas and that would have been a good 10 or more years ago. Apparently they would bring people in on an unpaid 3 day trial. The people coming in were made aware of this. You are at the very least entitled to the minimum wage for any work done since you started.

Caliden

I thought it was the norm (in any job) to get paid at the end of the first month when you start?

Unless you agreed with them about getting paid every 2 weeks, why would they pay you BEFORE you do a weeks work?

Dutybelt

If you're their employee, I'm pretty sure they have to pay you. If you're in training, I believe there's still a minimum (below minimum wage) that they have to pay you unless you actually signed a contract that specifically states that you won't receive any payment.

You're bringing the gym customers and by conducting classes you're generating the business money. This is highly unethical at the very least, they're basically using you.

Have a word with your manager and demand payment. If you won't get any, then just quit and look for a new gym. It probably won't be too difficult to find another gym since the Fitness industry is growing in Ireland.

shutup

Name and shame the gym please

JayRoc

Caliden wrote: »

I thought it was the norm (in any job) to get paid at the end of the first month when you start?

Unless you agreed with them about getting paid every 2 weeks, why would they pay you BEFORE you do a weeks work?

Getting paid weekly, bi-weekly or monthly is not the issue. How often you get paid is something that differs from job to job.

The OP seems to have been told that their work will be unpaid, for at least a month. I would imagine that since posting, they have copped themselves on and hot-footed it out of there.

c.p.w.g.w

rpurfield wrote: »

Most definitely not legal, I know it leaves you in a **** position but I'd raise the issue again and contact a union or citizens advice or NERA (national employment rights agency) about it, if they don't sort you. Just be aware that in the first 12 months of any job you aren't covered by the unfair dismissals act so they can basically let you go with no comeback.

How does one contact NERA, I've googled them but its seems to be an employment solicitor's pay keeps appearing

JayRoc

c.p.w.g.w wrote: »

How does one contact NERA, I've googled them but its seems to be an employment solicitor's pay keeps appearing

NERA National Employment Rights Authority,
O’Brien Road, Carlow.
Telephone: (059) 917 8800,
Fax: (059) 917 8912
Log onto www.workplacerelations.ie

JustJoe7240

shutup wrote: »

Name and shame the gym please

Don't do this, you're only leaving yourself open to getting into trouble.

c.p.w.g.w

JayRoc wrote: »

NERA National Employment Rights Authority,
O’Brien Road, Carlow.
Telephone: (059) 917 8800,
Fax: (059) 917 8912
Log onto www.workplacerelations.ie

Sorry i was looking for NERA in my searches thanks

Caliden

JayRoc wrote: »

Getting paid weekly, bi-weekly or monthly is not the issue. How often you get paid is something that differs from job to job.

The OP seems to have been told that their work will be unpaid, for at least a month. I would imagine that since posting, they have copped themselves on and hot-footed it out of there.

You're right. I reread the OP again.

shutup

joecass123 wrote: »

Don't do this, you're only leaving yourself open to getting into trouble.

True. This thread will probably get back to them if it hasn’t already.
However, I think this is a common enough practice. The gym are probably treating it as work experience. It’s only surprising this was not made clear at start of job.

You could name and shame if you end up leaving and also PM me the gym.