If an employer is thinking of having somebody do an unpaid work trial or internship, or work experience the employer should:
• Make absolutely clear that the position is a volunteer position and that the person does not expect payment or other reward. This should be done in writing.
• Make sure that the volunteer does not receive any payment.
• Avoid getting an economic benefit from the work done by the volunteer.
• Avoid having the volunteer do work which is integral to the business, that is, work that a full-time employee would ordinarily do.
• Limit the duration of work and the hours worked by the volunteer. The longer a person volunteers and the more hours they work, the more likely they are to be an employee.