Early last month, Karen Thaba, a digital marketer, was approached by an agency to apply for a social media role and content creator. After she shared, the agency wrote back asking for a full social media strategy plus a two-week content creator calendar in 36 hours for a specific brand as an assignment.
"I checked the brand they requested I make the content for and noticed they could be their client," she recalls.
This raised an alarm. Karen communicated the same to the agency, telling them the task was not reasonable for a test assessment.
In return, the agency responded saying, 'thank you for letting us know how unreasonable the task is for a role that is Sh60,000 and it would also interest you to know that 32 other people applied for this role.'
To Karen, if the agency wanted to test her skills, they could have asked her to use a brand of her choice and give her a week to deliver the said task. For candidates feeling trapped between free work and losing a job chance, Karen advises: "Weigh your options before committing. Is it reasonable for you?"
How can you protect yourself
While Karen's case is a common challenge candidates face, Elvis Mayaka, a HR practitioner says a job seeker can avoid the pitfalls by checking an organisation's trail on social platforms and review sites like Glassdoor.
"If the company has been making candidates do free labour in the name of tests, it will reflect in the remarks previous interviewees made on these sites," he says.
A fair assessment should be hypothetical. If the brief looks like a live business problem, sketch your method rather than handing over a fix, and point to prior work. "Also, you could give examples of similar projects in your portfolio that you've done."
Can you ask whether the test is truly an assessment rather than producing real company deliverables? "Yes. If it is time-consuming and if you utilise a lot of resources, then clearly there is a possibility that they actually want to use the project for their own benefit."
Red flags
Additionally, Nellie Akungu, a HR professional says employers should clarify the time required, the setting, the nature of the task and the pacing before assigning any test.
However, if you decline a dubious test, interviewers' reactions vary. "From where I sit, it would impress me because this candidate knows their worth and if they are in a place of decision making, they won't be swayed or compromised. There are other panelists who would view it as arrogance, rudeness or even pride."
Some of the red flags you can look out for are large tasks with heavy effort and no pay. Also, tests are conducted at the very first stage.
"Remember, you are many and if all of you conduct your research as per the tests given, then you'll be giving a lot of information," she explains.
Beware also of rushed deadlines and nudging emails. "This tactic is used so that the job seeker does not have time to think through whether they are being taken advantage of or to consult other people," Mr Mayaka says.
If the company pushes you to do the task without compensation, it shows that the company is toxic and wants to utilise your time for free.
Legal remedy
Legally, there is a line. Ann Kithinzi, Director, Dispute Resolution at Ashitiva Advocates, says you can sue a company that uses your work under the guise of testing your capabilities, as this amounts to a violation of your intellectual property rights.
Ann Kithinzi is the Director of Dispute Resolution at Ashitiva Advocates.
Photo credit: Pool
While many of these arrangements are never verbal, building a paper trail can come in handy. "So, ask for the test or requirements needed be sent by email and submit through email or a portal."
If it comes down to your word against theirs, the court assesses the case on a balance of probability whether what you are saying is true or not.
Additionally, Ms Kithinzi says consent must be explicit. If there is no consent, it does not mean there is consent.
"You can also sue if a company used your work beyond the interview or if they benefit commercially without hiring or paying you," she adds.
While they may claim that ideas are generic, the responsibility is on them to show they did not use your work. However, the standard is higher where the work is clearly skilled like coding jobs.
Ms Kithinzi says you could also sue if the company gained from your work and they did not compensate you or employ you. "The court can compel the company to provide their financial records, meaning the compensation will be compensatory to the amount of financial gains they've gotten. Like the "Please Call Me" inventor, Nkosana Makate."
Following a deadlock in the court-mandated negotiations, where Vodacom's settlement offer of Sh352 billion was rejected, parties returned to court.
In a 2022 ruling, the Gauteng High Court in Pretoria set aside the Vodacom CEO's offer and ordered its CEO to re-calculate the amount.
The court provided specific parameters including that Mr Makate was entitled to 5 percent of the total voice revenue Vodacom earned from the "Please Call Me" product from March 2001 to March 2021.
