In case law, there was an incident where a person assisted a farmer on the land and during the course of the farming activities, the person was injured. Despite working for free, the farmer had some elements of control over the free labourer, so the courts decided there was a servant and master relationship. This servant and master relationship can be argued to today’s employee and employer relationship.
Given that you would be working for your potential employer at the restaurant, it would follow your employer will have an element of control over you when you are working your trial shift, which provides evidence of an employee and employer relationship. In Alberta, the Employment Standards Code apply to all employee and employer relationships. The Code defines “work” to include providing a service.
Despite the work audition, you are providing a service to your employer that would normally be paid. The Code applies to all employers and employees and any agreements that are contrary to the Code will be null and void. Thus, there is a strong argument that it is illegal if the employer does not pay you.
You can apply to the Employment Standards Office in your province if you wish to complain about the business. You can apply even if you do not have a record of employment due to the interview nature.
There's no minimum wage laws if you are working on contract, either. Life is not fair.
It's called wage theft. onpoli
Only fair in right to work states. Are we now a right to work state according to the glob and mean?
Ask WithTheShowTO, they’ll know for sure!
I would say no to that. Restos jobs should be paid. However, volunteering led to a very worthwhile 10 year career for me and to where I am today.
Desperate times require desperate measures! In 1991 as a mature student, I went business to business and offered to work for one week free to show that I could do the work. After a week I was offered a 1 year contract that was the start of financial security! Best move I did!
Is paying 12000 for college and working 6 months in a free internship fair when 40 years ago you could just get hired at the same job out of high-school?