Musk advertised the role on his social media platform X, on 14 November, asking applicants to DM their CV to an account.
“This is certainly not a move we should welcome,” said Andrew Speke, spokesperson for the High Pay Centre thinktank, speaking to HR magazine. He argued that government employees should be paid for their labour.
“Of course, volunteering is something that should be legal. If people are willing to give up their time for a cause then that should be something they can do at their own volition.
“Volunteering however is usually something people do in order to support charitable causes. In the case of the government, it is generally an accepted practice that those providing labour to the government are remunerated for their services.”
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US president-elect Donald Trump created the non-governmental department, whose titular acronym (DOGE) is a reference to a meme of a shiba inu dog, to “dismantle government bureaucracy, slash excess regulations, cut wasteful expenditures and restructure federal agencies”.
Not paying people to “cut wasteful expenditures” was concerning, Speke noted.
He continued: “What seems particularly pertinent in this case is that Musk's role is specifically to be looking at how the state cuts costs. To start undertaking this mission by employing people as unpaid volunteers, sends a concerning signal.
“Does this mean that Musk and Trump may want to increase volunteering across the public sector as a means to reduce costs?
“Furthermore, who is this voluntary work accessible to – surely only those who have either a degree of financial comfort, strong ideological alignment to Musk and/or those who are particularly desperate.”
In certain sectors, it might be more acceptable for HR to ask people to volunteer on an unpaid basis, according to Ian Moore, managing director of HR consultancy Lodge Court.
"Asking individuals to work without pay is generally acceptable in certain contexts, such as volunteering for charities, unpaid internships that provide educational benefits, and passion projects in creative fields," he told HR magazine.
"These situations are more prevalent in sectors like non-profits, the arts, and early-stage startups, where individuals might work for free to gain experience or support a cause they believe in."
HR should ensure transparency about expectations when recruiting volunteers, he added.
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He continued: "To ethically recruit volunteers, HR should ensure transparency about the unpaid nature of the work and set clear expectations. It's crucial to value and recognise volunteers' contributions through non-monetary benefits like training or networking opportunities.
"Compliance with employment laws is essential to ensure that unpaid roles do not exploit individuals or replace paid positions. By clearly articulating the purpose and impact of the volunteer work, HR can attract individuals who are genuinely motivated to contribute to a meaningful cause."
HR should not expect unpaid volunteers to perform as workers, Chris Syder, employment partner at law firm Pennington Manches Cooper, told HR magazine, following a case when leaders of the Cambridge Shakespeare Festival wrongly classified two actors as volunteers when they should have been classified as workers.
The actors were employed at the festival in 2022, where a tribunal heard they were an “integral” part of the running of the festival, were subjected to a “high degree of control” and required to work "extremely long days".
Employment judge Louise Brown ruled that the actors Kit McGuire and Elizabeth Graham should have been classified as workers rather than volunteers.
Commenting on the case, for an article published on 16 August, Syder said: "A genuine volunteer will not have to turn up to work if they do not want to, and cannot be dismissed, or have payment or reward withheld if they fail to do the work. If an individual has a clear obligation to attend work at set times or have payment withheld, then this indicates worker status.”
