Work experience faces legal threat

Work experience for students is under threat due to employers' fears of facing legal action for unpaid labour and exploiting staff.

Employers are uncertain if they can legally continue providing unpaid work experience to people to help them get into the workforce or chosen field of interest.

The Fair Work Ombudsman says employers are acting illegally if they take on workers for unpaid work experience outside an education or training course placement. A spokesman said the law on work experience was the same as it was before the Fair Work Act came into effect on January 1, 2010.

"Unpaid work experience generally remains unlawful unless it is part of a vocational placement," he said.

Lawyers in the area have said that an employment contract must exist for unpaid work experience to be illegal and it was unclear whether contracts existed during work experience.

Have you had any issues since the introduction of the Fair Work Act with work experience? What other areas could this affect such as volunteering?