One of the hottest topics right now in Canadian Labour and Employment is Unpaid Internships. I’ve come across at least a half dozen articles from the Greater Toronto Area alone in the last 6 months.
There are so many different sides to this discussion; so many different perspectives from both the individual and the employer. Legal, or not legal. Valuable or not valuable. Fair or unfair. This is a great topic for discussion.
So, let’s have at it!
I should preface this by stating that I have spoken to many recent graduates (mostly in Human Resources) and the feeling is very consistent. Most feel that it would be best if they could find a paying job that would also offer them the experience they seek. However, given the competition and availability of entry level positions, there is a general feeling that “you have to do what you can” to get experience. This includes working 5 days a week, all day, without pay.
Is it time well spent?
Let’s be reminded of the “Catch 22” that is felt by many young workers, new Canadians or those transitioning into a new career field. “You can’t get a job without experience and you can’t get experience without getting a job.” That’s why so many people feel the need to turn to unpaid positions to get the experience they need to get that paying job. So it begs the question: Is an unpaid internship time well spent?”
The answer is very subjective. If the individual comes away with new knowledge, experience and transferable skills…then absolutely it is. If it assists the individual to obtain a paying position…then yes, it is. If the individual feels that the experience they’ve gained benefits them and their profession…then it has been time well spent. However, what if none of that happens? Was it worth it? Many don’t think so, after it is all over. This is largely due to changing expectations during the time spent in an internship. Promises of learning turn to mundane tasks such as data entry and running errands.
Is it a means to an end?
OK…this is a good one. I’m sure many people have seen the promise or possibility that an unpaid internships will or may lead to a paid position. Here’s the conundrum: one of the conditions outlined in Section 2 of the ESA (Ontario) states that the “individual is not accorded a right to become an employee”. So after thorough reading of section 2 of the ESA, this would mean that an employer is motivated NOT to promise paid employment. If they do, then the individual would be considered an “employee”. Then there are all the other conditions like the training must be for the “benefit of the individual” and “little, if any benefit” to the provider of the training. The internship is meant to be training and learning in the “real world”. An opportunity to gain experience and learn from the workplace; bridging the gap between theoretical and best practice. The training needs to benefit the individual almost exclusively if it’s going to be unpaid. The promise or possibility of paid employment at the end could be misleading or just a way of attracting applicants.
Is it legal or not?
Inevitably, this question will come up when reading any piece on Unpaid Internships. However, I’m not going to focus on this area because I am neither an Employment Lawyer, nor an expert in Employment Law. However, just Google Unpaid Internships and you’ll find many resources.
What I will say is that the legality in the eyes of employment standards varies from province to province. The answer depends on the situation. I recall speaking to an Employment Lawyer who estimates that at least 80% of unpaid internships in Ontario are not legal.
Are employers taking advantage of workers?
The short answer is “yes”, of course they are. Not all employers, but many. It is not just the small to midsize businesses that are trying to minimize their labour costs with “free labour”. The large companies are doing it also…just check the papers! Just because both parties agree to the terms, and both are happy with the arrangement, doesn’t make it right. Unless there is a clearly outlined training program with objectives and outcomes, there is a pretty good chance that the individual is actually doing “work” for the employer. And if it looks like work, then it should be compensated as work.
So…where does that leave us?
Let’s forget about the legalities. Forget whether or not it is time well spent. We hear things like “exploitation” and “taking advantage”. I think it has to do more with “fairness” and “value”. Just think how much more the individual will value the experience if they are being paid to do the work. Think of how much more the individual will be valued by co-workers if they are being compensated, just like everyone else.
In my opinion, there is irony when the employer is trying to save a few bucks. If you are looking for inexpensive labour via younger workers who are looking to gain experience, do you think you are going to get the best out of them if you don’t pay them?
Why not lead the way by becoming a company that offers paid internships for those looking to gain experience. You will attract amazing talent that will be very valuable, even if for a short time.
Think about it…