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‘This isn’t volunteer hours,’ Job hunters call out businesses for offering illegal unpaid trial shifts in Toronto

Trial Shifts Ontario Toronto
Advocates say young people, immigrants, and migrant workers are most vulnerable. (Courtesy: Canva)

Torontonians are calling out businesses for offering job seekers unpaid trial shifts, and advocates say the issue is still prevalent despite being illegal.

Job hunters have taken to social media to call out the practice that was made illegal by the Ontario Government in 2023.

One TikTok user posted a video detailing her recent experience job hunting in the Toronto restaurant industry, where she says she was offered unpaid trial shifts on more than one occasion, the first time being a year ago, and the most recent time being in April of this year.

“This manager goes ‘would you be able to come in for a trial shift,’ immediately the disappointment is seeping in,” she said. 

@lillzamalia UNPAID LABOR OF ANY KIND IS ILLEGAL…just hire people and pay them? its not that hard? #toronto #torontorestaurants #torontonightlife #brunchtoronto #restaurantindustry #unpaid #fyp #capitalism #server #host #shift ♬ original sound – lilly stewart 🕯️ author

After refusing to accept the unpaid shift, the TikToker says the manager looked “shocked” and “confused,” and later explained that the shift would only be half an hour to see how she “moves in the restaurant.”

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“How I move is for money… this isn’t volunteer hours,” she said. “I don’t wanna do labour if it’s not paid for half a minute, let alone half an hour.”

Now Toronto reached out to the TikToker but have yet to receive a response.

The user isn’t the only person to call out the practice on social media, a Reddit user in Oshawa flagged that a Popeyes restaurant in Ajax had offered their 18-year-old friend three unpaid trial shifts after an interview. 

“Is this legal? He’s in grade 12 and desperate for a part-time job so he’s doing it, but I find this rather strange if he’s not being paid at all,” the user questioned.

Many Reddit users and TikTokers responded to both of the posts confirming that the practice is illegal, and urged both of them to report the businesses. 

In 2023, Ontario passed the Working For Workers Four Act banning unpaid trial shifts in the province.

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ADVOCATES SAY YOUNG PEOPLE AND IMMIGRANTS ARE MOST VULNERABLE

While many job hunters fall for the illegal tactic, advocates at the Workers Action Centre in Toronto say young people and immigrants tend to be more vulnerable.

“A young worker probably wouldn’t know what their rights are and this speaks to the fact that we see very little education in high school, in colleges and universities that actually prepare young workers for the workforce,” Executive Director Deena Ladd said in an interview with Now Toronto. 

Ladd says it is also very common for people who are new to the country to have to prove they have enough ‘Canadian experience’ when job seeking through unpaid trial shifts.

“People are vulnerable because they’re new to the country, because they are trying to get their foot in the door, because they’re trying to get a job and are desperate for work,” she said.

Migrant workers also commonly face unpaid shifts due to their vulnerability, and their ability to stay in the country being tied to their employer, according to Ladd.

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Ladd says despite the practice being illegal it is still very common especially in the restaurant industry and has even started spreading into professional industries like accountancy and business services. 

Ladd says it’s crucial for the Ontario Government and the Ministry of Labour to crack down on these businesses through stronger enforcement of laws. 

She says because of illegal practices and human rights violations the number of workers seeking help through the centre are “as large as ever.”

“If you’re being trained for a job that you have been offered, you should be paid… Because it’s very clear that it is an illegal practice,” she said.

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