My college-going daughter, who is 18 years old, took up a job as a pub waitress in our neighbourhood. She had to perform two trial shifts unpaid, before being employed for the weekends. When the pub wasn’t busy, they often sent her home early without paying for the full shift. Unable to work three days at Christmas because of a prior engagement, she informed them. However, they did not assign her any shifts throughout her college break and eventually, without informing her, removed her from the work WhatsApp group.
Later, she took up a summer job with another employer after again working two trial shifts for no pay; a common occurrence in our local bars and restaurants, it seems. It troubles me that my daughter and her fellow students are subjected to such mistreatment. While she chose not to report her previous employer, this type of behaviour seems rampant: no contracts, unclear work hours, and a tendency to ‘slow fire’. Is there a way for me to report this matter?
We consulted AOC Solicitors’ principal, Anne O’Connell, and other professionals specialising in employment law and HR, on this issue.
Here’s how you can report bars and restaurants providing ‘unpaid trial’ shifts: Responding to your work queries
Despite being illegal, it’s disappointingly common to see unpaid trials or non-existence of contracts, says Anne O’Connell. She highlights that the student should have earned 80% of the minimum wage, equating to €10.16 per hour considering her age – no exceptions.
Regardless of whether an individual consents to an unpaid trial in hopes of landing a job, the act of offering an unpaid trial by the employer is against the law. “It’s just too easy a breach, to just not pay somebody. That’s a fact that you can’t change,” she remarks.
Once she had secured her job, the young lady should have received her terms and conditions of employment in writing within five days, suggests Ms. O’Connell. This should particularly include essential details such as minimum pay rate and guaranteed work hours.
HR Buddy’s Damien McCarthy adds, “The young worker has every right to approach her current and previous employer for her rightful dues. And if the situation isn’t rectified, she can lodge a complaint with the WRC.”
According to O’Connell, grievances could be lodged at the Workplace Relations Commission (WRC) following the Employment Terms Act or the National Minimum Wage Act. This might culminate in an investigation. If found guilty, the WRC has the authority to seek a summary conviction and a fine.
O’Connell further mentions that submitting a case to the WRC could end up in four weeks’ salary as compensation for failing to meet the terms and conditions. Yet it is critical to note that such complaints have to be made within a six-month period. Even in this scenario, an inspection can be requested.
In terms of the documentation required for WRC inspections, items like contracts, timesheets, and payslips needed to prove adherence can pose significant challenges for employers.
Traditionally, unpaid internships or the absence of employment contracts were quite prevalent, but this practice is dwindling, claims the founder and CEO of HR Buddy, a consulting firm, Damien McCarthy. He describes the query from the reader as “surprising and shocking”, admitting that a small proportion of improperly educated employers might still consider unpaid trials to be acceptable.
In addition to acting against the law, employers offering unpaid trials expose their reputation and the image of the Irish hospitality and tourism industry to potential damage. Labels such as old-fashioned might apply to these practices handed down through generations, but anyone who has sought advice would realise the act is absolutely illegal, according to McCarthy.
McCarthy suggests that the primary solution is to engage with the employer. The young worker is entirely within her rights to request her former and present employers for what she is owed. If there are no other remedies, the WRC is there as a means to lodge a formal complaint.