employment conflict-of-laws
Can a person work for free in a country with a minimum hour rate?
<p>In some countries there is a minimum hourly rate for an employee, given by law.</p>
<p>In a hypothetical scenario, Mr. David intends to work for a company for free for a certain amount of time, either to get some experience or to give back to a community as a volunteer. Would that be a conflict with the law of the minimum hourly rate?</p>

<h2>It depends</h2>
<p><a href="/questions/tagged/australia" class="post-tag" title="show questions tagged &#39;australia&#39;" aria-label="show questions tagged &#39;australia&#39;" rel="tag" aria-labelledby="australia-container">australia</a></p>
<p><a href="https://www.fairwork.gov.au/tools-and-resources/fact-sheets/unpaid-work/unpaid-work-unpaid-work" rel="nofollow noreferrer">Unpaid work</a> might be lawful without the person being an employee (and therefore engaging minimum pay laws among other things) in these circumstances:</p>
<ol>
<li><strong>Vocational placement</strong> as part of formal work experience in connection with a recognised education or training course.</li>
<li><strong>Unpaid Trials</strong> for the purpose of demonstrating suitability for a position. Such a trial is valid only for long as it takes to demonstrate (un)suitability and must be under the direct supervision of the potential employer. An hour to a shift is about the limit here.</li>
<li><strong>Unpaid work experience and unpaid internships</strong> when a person works for a business to gain experience in a particular occupation or industry. The person must not be doing &quot;productive&quot; work, the main benefit of the arrangement must be for the worker, and it must be clear that they are receiving a meaningful learning experience.</li>
<li><strong>Volunteering</strong> doing work for the main purpose of benefitting someone else, such as a church, sporting club, government school, charity or community organisation. Key components are that neither party intends to create an employment relationship, the volunteer is under no obligation to attend or perform work, and the volunteer does not expect to be paid.</li>
</ol>
<p>Notwithstanding, paid or unpaid, workers are protected by Work Health and Safety laws and the Person Controlling a Business or Undertaking (PCBU) is responsible for their safety and welfare.</p>
