An unpaid trial is not part of a fair employment relationship

The occupational safety and health authority receives reports of situations in which training at workplaces in various fields is not always paid. Based on these reports, unpaid training is a practice particularly in the restaurant industry. Occupational safety and health inspections are also encountering more and more situations in which workers say they are trainees and therefore do not receive pay for their work. The employer’s desire to test the employee’s suitability is often given as the reason for not paying for the training.

Unpaid training can only be arranged if the traineeship is carried out as part of one's studies or if it is based on a work try-out agreed with the employment authority. To test an applicant's suitability, it is possible to have them carry out a single short work performance as part of the recruitment process. If the work lasts for an entire shift, it then constitutes work carried out under an employment contract, for which pay must be paid in accordance with the relevant collective agreement. When unpaid training is repeated, employers undermine employees’ rights, thereby gaining a disproportionate competitive advantage over law-abiding companies. In the most serious cases, this may constitute work-related exploitation, for example, if the employer takes advantage of the employee’s ignorance and fails to pay the agreed pay.

Salary is paid for the trial period

According to the experience of the occupational safety and health authority, unpaid training may be confused with the probationary period at the start of an employment relationship, during which both employer and employee may terminate the contract without a separate notice period. For work done during the probationary period, the employee must be paid in accordance with the collective agreement.

You can contact the occupational safety and health authority's telephone service regarding unpaid traineeships. Notifications of employers engaged in unpaid training are taken into account when planning and targeting enforcement. If you are a trade union member, you can also report the unpaid training to your trade union.