Can an employer make you work for free in Canada? In most cases, no. Employees in Ontario, Alberta and British Columbia must be paid for work they perform. An employer can’t avoid paying wages simply by calling someone a volunteer, intern or trainee.

However, genuine volunteering and certain educational placements can be unpaid. Whether you’re legally an employee depends on the work you’re doing and the circumstances, not just your job title.

⚠️ Working without pay? If a business asks you to perform duties normally done by paid employees, you may be entitled to wages, even if you agreed to work for free.

Reviewed by: Lior Samfiru, Employment Lawyer and National Co-Managing Partner

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Is It Illegal to Work for Free in Canada?

Employers usually can’t require or allow employees to perform work without paying them. Employment standards laws establish minimum wage and other protections that apply even if an employee agrees to accept less.

For example, a business can’t usually avoid paying wages by:

  • Asking employees to work unpaid shifts.
  • Calling regular employees volunteers.
  • Requiring unpaid training or trial shifts.
  • Paying employees only with meals, clothing or other perks.
  • Calling workers independent contractors when they’re legally employees.

There are exceptions for genuine volunteers, certain educational programs and other work arrangements covered by specific legal rules.

For employees covered by employment standards legislation, agreeing to work without pay doesn’t automatically make the arrangement legal.

Can a Business Use Unpaid Volunteers Instead of Employees?

Genuine volunteer work can be unpaid. But a business can’t simply label someone a volunteer to avoid paying wages.

For example, volunteering at a community fundraiser is different from working regular shifts at a retail store.

When deciding whether someone is a volunteer or an employee, relevant factors include:

  • Whether the work is normally performed by paid employees.
  • Whether the business benefits commercially from the work.
  • Whether the business controls the person’s duties and schedule.
  • Whether the individual is providing services as a means of earning a living.
  • The nature and purpose of the arrangement.

A person performing ordinary business duties under an employer’s direction may be legally entitled to wages, even if the business advertises the position as volunteer work.

💡 Important: What matters is the actual working relationship. The word “volunteer” in a job posting or agreement doesn’t determine your employment rights.

Can Your Employer Make You Work Unpaid Hours or Training Shifts?

If you’re an employee, time spent performing required work must normally be paid. This can include duties performed before or after your scheduled shift.

Examples of work that may require payment include:

  • Opening or closing a store outside scheduled hours.
  • Completing required work after clocking out.
  • Attending mandatory meetings or training.
  • Performing productive work during an unpaid trial shift.

Are unpaid trial shifts legal?

If an employer asks you to perform actual work to demonstrate your abilities, you may be entitled to wages even if you haven’t officially been hired.

A job interview or skills test that doesn’t involve productive work for the employer may be treated differently.

Can a salaried employee be asked to work extra hours?

A salary doesn’t automatically remove minimum wage or overtime protections. Whether extra hours require additional pay depends on the employee’s duties, compensation and applicable exemptions.

Learn more about overtime pay in Canada.

Are Unpaid Internships Legal in Canada?

Many internships must be paid, but some student placements and approved educational programs can legally be unpaid.

Simply calling a position an internship doesn’t exempt an employer from paying wages.

An intern who performs productive work for a business may qualify as an employee and be entitled to minimum wage and other employment protections.

However, an unpaid placement may be permitted when it meets a specific legal exception, such as an approved educational work-experience program.

The rules differ depending on the province, industry and type of placement. Federally regulated workplaces have separate rules under the Canada Labour Code.

Before accepting an unpaid internship, confirm whether it qualifies for a legal exemption.

Can an Employer Pay You With Meals, T-Shirts or Other Perks?

Free meals, T-shirts and other workplace perks aren’t automatically a substitute for wages.

If you’re legally an employee, your employer must satisfy applicable wage requirements. Giving you food, merchandise or other benefits doesn’t automatically meet those obligations.

Employment standards laws may permit limited allowances or deductions for certain benefits in specific circumstances, but employers can’t simply replace wages with whatever perks they choose.

For example, offering someone free lunch and a branded T-shirt to work at a commercial sales event doesn’t automatically make that person an unpaid volunteer.

Real-World Examples: Businesses Advertising Unpaid Work

Shoppers Drug Mart Volunteer Job Posting in Ontario

In May 2024, a Shoppers Drug Mart location in Toronto attracted criticism after advertising a part-time volunteer position involving work that appeared similar to duties performed by paid employees.

The posting was removed, with the company describing it as a mistake.

The situation raised an important employment law question: Can a business use unpaid volunteers to perform regular employee duties?

Employment lawyer Lior Samfiru discussed the controversy with Richard Crouse on Newstalk 1010.

🎧 Listen: Volunteer Job Posting at Shoppers Drug Mart

BC Car Dealership Offers Meals and T-Shirts Instead of Wages

In 2022, a car dealership in British Columbia faced criticism after advertising volunteer positions for sales events, offering meals and T-shirts rather than wages.

A Vancouver employment lawyer with Samfiru Tumarkin LLP discussed the controversy with Mike Smyth on 980 CKNW.

The key issue was whether the participants would be genuine volunteers or employees performing work that must be paid.

🎧 Listen: Employers Asking for Volunteers Instead of Hiring Employees

💡 The takeaway: Businesses can’t avoid employment standards obligations simply by advertising an unpaid position or offering perks instead of wages. Whether payment is required depends on the actual working relationship.

Working for Free: Your Rights in Ontario, Alberta and BC

Ontario

Ontario’s Employment Standards Act requires employees to receive applicable minimum wages. Genuine volunteers aren’t employees, but an employer can’t avoid the law simply by calling someone a volunteer.

Trial shifts involving work normally performed by employees must also be paid. Certain approved educational placements are exempt.

Learn more about minimum wage in Ontario and Ontario employment law.

Alberta

Alberta employees are entitled to applicable minimum wages for work performed. Required training and work-related meetings may also count as paid working time.

Genuine volunteer arrangements and certain educational programs are treated differently.

Read more about Alberta employment law.

British Columbia

BC employment standards protect employees who perform work for a business, including work normally performed by employees and certain training or trial shifts.

An employee who agrees to work a trial period without pay may still be legally entitled to wages.

For more information, visit our BC employment law guide.

What Should You Do if Your Employer Won’t Pay You?

If you’ve performed work without receiving wages, take these steps:

  1. Record your hours: Keep a list of the dates, times and duties you performed.
  2. Save your agreement: Keep job postings, employment contracts and messages about unpaid work.
  3. Review your pay records: Check pay statements and deposits for missing wages or overtime.
  4. Ask for clarification: Request written confirmation of why your employer believes the work is unpaid.
  5. Get advice: Find out whether you’re legally an employee and what wages or other compensation you’re owed.

Depending on your situation, you may be able to pursue unpaid wages through employment standards enforcement or another legal process.

If the employer calls you an independent contractor, read our guide to independent contractors vs. employees. Your actual working relationship matters more than the label in your agreement.

⚠️ Don’t resign under pressure. If your employer is refusing to pay wages, threatening termination or making major changes to your position, get legal advice before quitting. You may also have rights involving constructive dismissal.

Frequently Asked Questions About Working for Free

Can I legally volunteer to work for free?

Yes. Genuine volunteer arrangements are permitted. However, if you’re legally an employee performing work for a business, you may be entitled to wages even if you offered to work for free.

Can an employer ask employees to volunteer without pay?

An employer can’t simply avoid paying wages by asking employees to volunteer for duties that form part of their employment. Whether payment is required depends on the work and applicable law.

Can an employer make you work before or after your shift without pay?

Employees must normally be paid for time spent performing required work. Employers can’t avoid wage obligations by asking workers to clock out while continuing their duties.

Are unpaid trial shifts legal in Ontario?

If a job applicant performs work involving skills used by employees, Ontario’s employment standards rules treat that person as an employee for the trial period. They must receive applicable wages.

Are unpaid internships legal in Canada?

Some approved educational placements can be unpaid. However, many interns performing ordinary business duties are legally employees and must be paid.

Can my employer pay me with free meals or merchandise?

Free meals, T-shirts and other perks don’t automatically replace required wages. Special rules may apply to certain benefits, but employers must comply with minimum wage requirements.

Can I claim wages for work I already performed for free?

Potentially, yes. If you were legally an employee, you may be entitled to recover unpaid wages. Keep records of the work performed and seek advice about the applicable deadlines and recovery process.

Get Legal Help if You’ve Been Asked to Work for Free

If your employer is asking you to work without pay, calling you a volunteer or refusing to recognize you as an employee, you may have rights you’re not aware of.

The employment lawyers at Samfiru Tumarkin LLP help non-unionized employees in Ontario, Alberta and British Columbia understand workplace agreements, employee classification and compensation rights.

Our team can review your situation, explain your legal options and determine whether unpaid wages, wrongful dismissal or other employment claims may apply.

Before you sign, always check first.

➡️ Get a Consultation or call 1-855-821-5900.

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