Does unpaid work with no vacation time and zero benefits sound appealing?
It likely doesn’t. But for many young professionals, it certainly sounds familiar.
It’s no secret that students fresh out of university or college look for unpaid positions as a means to get their feet in the workforce door.
Twenty per cent of 18 to 24 year-olds work, or have worked, as an unpaid intern, according to a study published by the United Kingdom’s National Union of Students last year. The study also revealed almost 75 per cent of people in the same age range say internships are essential to build careers in media, whereas almost two-thirds say the same about politics, finance and fashion.
But Ontario’s Employment Standards Act doesn’t even recognize unpaid interns as employees. This could be the reason why a November Statistics Canada survey found that almost 17 per cent of Ontarians between the ages of 15 and 24 are unemployed – up from 15 per cent in November 2011. Despite this, the province’s overall unemployment rate is less than eight per cent.
This is a dire situation for young people, which Yasir Naqvi, MPP for Ottawa Centre, should address as Ontario’s newly minted labour minister. He should include unpaid internships under the Act, giving interns rights that every other employee in the province enjoys.
Does working more than 48 hours in a week sound fair? What about not being entitled to a 30-minute food break once every five hours? Should an employer be able to fire those who’ve worked more than three months without written notice?
Perhaps most important is that those who hold these types of positions aren’t entitled to the standard minimum wage of $10.25.
How can anyone survive while working without any sort of compensation?
“You really need help from your family,” says Nick Bannard, who graduated with a film studies degree from Carleton University in April 2011. Three months later, he found an unpaid internship at a film company in Toronto.
“For someone who doesn’t have that support, I think an unpaid internship would be very difficult and challenging in many ways,” he says. “It would almost be a burden in terms of trying to get on your feet by renting an apartment and keeping your eyes open for paid work.”
Fortunately for Bannard, his parents helped him with his move to Toronto and paid his rent. But he adds he still had to find part-time employment at a restaurant to earn spending money.
Who could blame him?
It took Bannard three unpaid internships over a span of more than a year to find paid work at a film public relations company in January. Unfortunately, his contract is only for a few months. This means he’ll have to look for another job opportunity, which could even mean returning to unpaid work.
It’d be almost impossible to fund oneself for more than a year of these internships. Those without outside support are doomed to fail in their search for stable employment in their chosen field. If only young professionals with familial support can afford to compile impressive resumes, how can those without such benefits manage to compete?
Employers won’t consider hiring someone who’s worked as a waiter for a couple of years compared with another applicant who has relevant experience.
These aren’t the only reasons why Naqvi should consider modifying the ESA to include unpaid internships.
There are specific guidelines an unpaid internship must follow to be excluded from the act.
For example, the Ontario Ministry of Labour says an employer should not benefit from having an unpaid intern. The benefit should weigh more favourably for the intern, as it’s the employer’s duty to act as a teacher and provide training through the duration of the internship. The ministry also states an employer can’t promise a job at the end of the internship.
But if unpaid internships stray from these guidelines, a worker probably won’t take action against his or her employer. This allows employers to freely exploit young, unpaid labourers without much workplace knowledge.
“New members of the workforce are particularly vulnerable. They may not know their rights, but they’re also worried about creating a poor impression in the eyes of those who may employ them,” says Michael Lynk, a labour law professor at Western University who used to practice in Ottawa.
Interns may not earn money, but they want to gain something for their troubles: a reference letter or a future job. Legal action could jeopardize this.
Does this mean Naqvi should abolish internships? No.
Internships give young professionals a chance to prove themselves in the workplace and use what they’ve learned in school. Undoubtedly, they need this experience because it may lead to a far more important role, which hopefully comes with a salary.
The point is to make internships non-exploitative. Naqvi can accomplish this for Ontario if the ESA recognizes unpaid internships as a form of employment.