Employment law: Unpaid training / delayed pay (1 Viewer)

dr3amy

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Just wondering is it legal for small food places (eg. subway) to make you do unpaid training? And also is it legal for them to delay pay constantly?

Or is it just simply an ethical matter?

thanks!
 

Skittled

What did the crab do?
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Re: legality of this..

Pay for Training:
General rule of thumb: if you are under your employer's instruction, , you are to be paid. If the instruction is "sell this to the customer", then so be it -- you're still to be paid. If that instruction is training, then so be it -- you're still entitled to pay.

Delayed pay
No, again, as per your contract. If you've not signed a contract, it's a "reasonable period" based on how often you work, how much notice they give you, and how important you are to the business. Shouldn't be any more than a month at MAX (unless otherwise agreed)

Bottom line: sounds like you've got a dodgey employer. But, these seem to be very common questions/problems. See the employment forum's "Employment HQ" thread, too.

(This situation might be modified subtly if you've got a contract which specifically says you're to do unpaid training, AND you've signed it, but I'm no contract lawyer (just studied workchoices recently, and know that employers are these days much more free to contract in/out certain conditions.)... if you have no written contract, then this does not apply; you are to be paid while under your employer's instruction).
 

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