Is an unpaid trial legal in New Zealand?

Employment New Zealand, part of MBIE, accepts that an employer may ask you to do some work as part of an interview to check your skills. But the example it gives is small, and the warning that follows is clear.

Where the line sits

• Likely fineA few coffees or one tableA short task that genuinely tests a skill for the job, explained in advance as part of the interview and unpaid.
• Grey areaReal job or interview? UnclearIf it’s not clear whether you’re being interviewed or doing the job, there’s a risk it’s employment.
• Should be paidA shift, or a few hoursLikely employment, so minimum wage and other employment rights apply. More so if the business earns money from your work.

Paying you, or leading you to expect payment, also makes it more likely the work is employment. Good practice is for the employer to tell you in writing, in advance, what the test involves and that it’s unpaid.

Not the same as a 90-day trial period

A skills test at interview is different from a trial period, which is part of an employment agreement and starts only after you’ve accepted a job. You must be paid during a trial period. Read our guide to 90-day trial periods.

If you weren’t paid

Write down when you worked, for how long and what you did. Ask the employer to pay. Being paid less than the minimum wage can be reported to Employment New Zealand on 0800 20 90 20. Temporary migrant workers have the same minimum rights.