50.  The hours treated as worked under a daily average agreement for each day on which the worker worked in the pay reference period are—. Find the minimum wage in your state. The remuneration paid by the employer in the pay reference period is divided by the hours of work in the same period to determine the hourly rate at which the worker is treated as remunerated. 37.  The hours of output work in a pay reference period are the total number of hours—. 2000 c.21; subsection (1) of section 98 was amended, subsection (2A) was repealed and subsection (2B)and (2C) were inserted, by the Apprenticeships, Skills, Children and Learning Act 2009, section 44, Schedule 16, Part 2 and Schedule 12, paragraph 28; subsections (4), (7) and (8) were omitted by the Education and Skills Act 2008 (c.25), section 159 and Schedule 16, paragraph 14. (a)in England, under Government arrangements known as Apprenticeships, Advanced Apprenticeships, Intermediate Level Apprenticeships, Advanced Level Apprenticeships or under a Trailblazer Apprenticeship; (b)in Scotland, under Government arrangements known as Modern Apprenticeships; (c)in Northern Ireland, under Government arrangements known as Apprenticeships NI; or. 31.  The hours of time work in a pay reference period are the total number of hours of time work worked by the worker or treated under this Chapter as hours of time work in that period. In line with the advice from the Low Pay Commission, the Government are uprating the national minimum wage from 1 October 2015 so that the adult rate will be £6.70 per hour; young people aged between 18 and 20 years old will earn £5.30, and 16 or 17-year-olds will have a minimum wage rate of £3.87 per hour. (a)there are no minimum or maximum working hours in the worker’s contract in relation to the output work; (b)the employer does not determine or control the hours actually worked in relation to the output work; (c)the employer has determined the average hourly output rate in accordance with regulation 42; (d)a notice which satisfies the requirements in paragraph (2) is given to the worker. (c)the average speed is reasonably adjusted to take into account the likely difference in time involved in the worker doing the output work in the worker’s physical conditions in comparison to the test which was carried out. (2) The following deductions and payments are not treated as reductions—. In most cases, any sort of 'benefit in kind', i.e. (2) In paragraph (1), hours when the worker would “otherwise be working” include any hours when the worker is attending at a place or travelling where it is uncertain whether the worker would otherwise be working because the worker’s hours of work vary either as to their length or in respect of the time at which they are performed. (2) The requirements are that as respects the work in the pay reference period—. for salaried hours work, in accordance with Chapter 2; for time work, in accordance with Chapter 3; for output work, in accordance with Chapter 4; for unmeasured work, in accordance with Chapter 5. attending at a place other than the worker’s normal place of work, when the worker would otherwise be working, for the purpose of receiving training that has been approved by the employer; travelling, when the worker would otherwise be working, between a place of work and a place where the worker receives such training; receiving such training at the worker’s normal place of work. Access essential accompanying documents and information for this legislation item from this tab. (ii)as respects that provision of living accommodation, the employer is not entitled to make a deduction from the worker’s wages or to receive a payment from the worker. a social landlord registered under Part 1 of the Housing Act 1996(28) or a subsidiary or associate of such a person as defined in that Act(29); in Scotland, a body registered in the register maintained under section 20(1) of the Housing (Scotland) Act 2010(30); in Northern Ireland, a housing association registered under Chapter II of Part II of the Housing (Northern Ireland) Order 1992(31). there are no minimum or maximum working hours in the worker’s contract in relation to the output work; the employer does not determine or control the hours actually worked in relation to the output work; the employer has determined the average hourly output rate in accordance with regulation 42; a notice which satisfies the requirements in paragraph (2) is given to the worker. payments made to or deductions by a local housing authority or a registered social landlord in respect of the provision of living accommodation, except where the living accommodation is provided to the worker in connection with the worker’s employment with the local housing authority or registered social landlord. Following advice from the Low Pay Commission, the Government are uprating the minimum wage from 1 October 2015 so that the adult rate will be £6.70 per hour. $1.25 Sep 3, 1964 $1.15 Sep 3, 1965 $1.25 Feb 1, 1967. Part 1 contains a revocation provision (regulation 2) which, together with the Schedule, revokes the National Minimum Wage Regulations 1999 and amending instruments. payments made to or deductions by a Higher Education Institution, Further Education Institution or a 16 to 19 Academy(. 1996/3182, S.I. 28.—(1) If, in a pay reference period, a worker has worked more than the basic hours in the calculation year, the hours of salaried hours work in that pay reference period are calculated by adding together all of the following hours—. National Minimum Wage and Living Wage calculator for employers. (i)the Secretary of State under section 2 of the Employment and Training Act 1973(32) or section 17B of the Jobseekers Act 1995(33); (ii)the Scottish Ministers or the Welsh Ministers under section 2 of the Employment and Training Act 1973; (iii)the Chief Executive of Skills Funding; (iv)Scottish Enterprise or Highlands and Islands Enterprise under section 2 of the Enterprise and New Towns (Scotland) Act 1990(34); (v)the Department for Employment and Learning under section 1 of the Employment and Training Act (Northern Ireland) 1950(35); or. Benefits in kind have been seen for years by some employers as a useful tool to reward... Rachel Farr-9th May 2017 0. Part 6 excludes persons from the national minimum wage if they are involved in prescribed government training schemes (regulations 51 and 52), work experience as part of a higher or further education course (regulation 53), certain traineeships in England (regulation 54), work schemes for provision of accommodation to the homeless (regulation 55), and certain European Community programmes (regulation 56). 1999/584) and consolidate the amendments made to those Regulations. Part 2 sets the hourly rates of the national minimum wage. The government is committed to the National Minimum Wage (NMW), which offers protection to workers whilst incentivising work.To increase the clarity of NMW rules, new regulations, the National Minimum Wage Regulations 2015, will come into force on 6 April 2015. (4) If more than one contractual variation takes effect in the calculation year, the “basic hours in the calculation year” are determined by adding together—, (a)the proportion of basic hours in the calculation year in the period starting before the day during which the first variation takes effect, and. Minimum hourly wage of workers in jobs first covered by. (d)waiting at the end of a journey for the purpose of carrying out duties, or to receive training, except for any time the worker spends taking a rest break. (4) The third condition is that the worker is not entitled under their contract to a payment in respect of the basic hours other than an annual salary or an annual salary and performance bonus. (ii)to the extent that such payments exceed the lowest rate; (k)payments paid by the employer to the worker attributable to a particular aspect of the working arrangements or to working or personal circumstances that are not consolidated into the worker’s standard pay unless the payments are attributable to the performance of the worker in carrying out the work; (l)payments paid by the employer to the worker as respects the worker’s expenditure in connection with the employment; (m)payments paid by the employer to the worker representing amounts paid by customers by way of a service charge, tip, gratuity or cover charge; (n)payments paid by the employer to the worker as respects travelling expenses that are allowed as deductions from earnings under section 338 of the Income Tax (Earnings and Pensions) Act 2003(22). 2010/875, S.I. hours a worker spends training when the worker would otherwise be working; hours a worker is available at or near a place of work for the purposes of working, unless the worker is at home; hours a worker spends travelling for the purposes of working, when the worker would otherwise be working, unless the travelling is between—, the worker’s home, or a place where the worker is temporarily residing other than for the purposes of working, and. as respects that provision of living accommodation, the employer is not entitled to make a deduction from the worker’s wages or to receive a payment from the worker. $1.00 Sep 3, 1961. the proportion of basic hours in the calculation year in the period starting before the day during which the first variation takes effect, and. 1995 c.18; Part I was amended by the Employment Rights Act 1996 (c.18), Schedule 1; the Social Security Act 1998 (c.14), Schedules 7 and 8; the Welfare Reform and Pensions Act 1999 (c.30), Schedules 1, 7, 8 and 13; the State Pension Credit Act 2002 (c.16), Schedule 2(3); the National Insurance Contributions Act 2002 (c.19), Schedule 1; the Income Tax (Earnings and Pensions) Act 2003 (c.18), Schedule 6; the Civil Partnership Act 2004 (c.33), Schedule 24(7) and S.I. Determining whether the apprenticeship rate applies, Calculation to determine whether the national minimum wage has been paid, Payments as respects the pay reference period, Payments and benefits in kind which do not form part of a worker’s remuneration, Determining the reductions which reduce the worker’s remuneration, Deductions or payments for the employer’s own use and benefit, Deductions or payments as respects a worker’s expenditure, Deductions or payments as respects living accommodation, Deductions or payments as respects living accommodation adjusted for absences, Amount for provision of living accommodation, Hours of work for determining whether the national minimum wage has been paid, Hours where payment due on submission of a record, Determining hours of salaried hours work in a pay reference period, Absences from work to be reduced from the salaried hours work in a pay reference period, Determining the basic hours in the calculation year, Determining whether the worker works more than the basic hours in the calculation year, Hours treated as worked for the purpose of determining whether the worker works more than the basic hours in the calculation year and, where the worker does, the number of salaried hours work in that year, Determining hours of salaried hours work if the worker works more than the basic hours in the calculation year, Hours of salaried hours work if the employment terminates before the end of the calculation year (or contract is varied so it is no longer a contract for salaried hours work), Determining hours of time work in a pay reference period, Time work where worker is available at or near a place of work, Determining hours of output work in a pay reference period, Travelling treated as hours of output work, Industrial action not treated as output work, The meaning of average hourly output rate (rated output work), Determining hours of rated output work in a pay reference period, Determining hours of unmeasured work in a pay reference period, Training treated as hours of unmeasured work, Travelling treated as hours of unmeasured work, Industrial action not to be unmeasured work, Determining the hours treated as worked under a daily average agreement, Schemes for training, work experience, temporary work or for seeking or obtaining work, Work experience as part of a higher or further education course, Work schemes for provision of accommodation to the homeless, Work does not include work relating to family household, Work does not include work relating to family business, the original print PDF of the as enacted version that was used for the print copy, lists of changes made by and/or affecting this legislation item, confers power and blanket amendment details, links to related legislation and further information resources, the original print PDF of the as made version that was used for the print copy. (a)in Wales, a minimum rate of wages fixed under section 4 of the Agricultural Sector (Wales) Act 2014; (b)in Scotland, a minimum rate of wages fixed under section 3(1)(a) of the Agricultural Wages (Scotland) Act 1949; (c)in Northern Ireland, a minimum rate of wages fixed under Article 4(1) of the Agricultural Wages (Regulation) (Northern Ireland) Order 1977. 38.  The hours when a worker is training, if the worker would otherwise be doing output work, are treated as hours of output work. 2.  The instruments specified in the Schedule are revoked. 2011/1498; Part I was modified by S.I. For … 57.—(1) In these Regulations, “work” does not include any work done by a worker in relation to an employer’s family household if the requirements in paragraphs (2) or (3) are met. (b)the worker is not entitled to payment until the completed record has been given to the employer, (c)the worker has failed to give the record to the employer before the fourth working day before the end of that following pay reference period, and. in England, under Government arrangements known as Apprenticeships, Advanced Apprenticeships, Intermediate Level Apprenticeships, Advanced Level Apprenticeships or under a Trailblazer Apprenticeship; in Scotland, under Government arrangements known as Modern Apprenticeships; in Northern Ireland, under Government arrangements known as Apprenticeships NI; or. 2003/2438, S.I. (2) In paragraph (1), hours when a worker is “available” only includes hours when the worker is awake for the purposes of working, even if a worker by arrangement sleeps at or near a place of work and the employer provides suitable facilities for sleeping. The National Living Wage came into force on 1 April 2016. the number of hours of salaried hours work in the pay reference period determined in accordance with regulation 22(2) to (4); the number of hours actually worked in the pay reference period; the number of hours treated as worked in the pay reference period in accordance with regulation 27. the number of hours of salaried hours work in the pay reference period calculated in accordance with regulation 22(2) to (4), and, the number of hours (if any) by which A exceeds B where—, the number of hours determined in accordance with regulation 28, and, the number of hours of salaried hours work calculated in accordance with regulation 22(2) to (4) for the period beginning on the day following the last day of the final pay reference period and ending at the end of the calculation year as if—, it was a single pay reference period (containing that number of days), and. in Wales, arrangements made by the Secretary of State or the Welsh Ministers under section 2 of the Employment and Training Act 1973 or the Secretary of State under section 17B of the Jobseekers Act 1995, in Scotland, arrangements made by the Secretary of State or the Scottish Ministers under section 2 of the Employment and Training Act 1973 or by Scottish Enterprise or Highlands and Islands Enterprise under section 2 of the Enterprise and New Towns (Scotland) Act 1990(, in Northern Ireland, arrangements made by the Department for Employment and Learning under section 1 of the Employment and Training Act (Northern Ireland) 1950(. (2) To determine the average hourly output rate the employer must either—, (a)conduct a test which satisfies the requirements in paragraph (3); or. (d)the work done under the scheme is both provided by, and performed for, the person operating the scheme. National Minimum Wage Regulations 2015 to come into force on 6 April 2015 merging a number of amendments into 1 single set of regulations. 1974/2144 (N.I.7), article 7; subsection (1) to (1C) were substituted for subsections (1)and (1A) by S.I. 10,; subsections (2) and (3) were amended by S.I. 621, National Minimum Wage Regulations 1999 (Amendment) Regulations 2000, National Minimum Wage Regulations 1999 (Amendment) Regulations 2001, National Minimum Wage Regulations 1999 (Amendment) (No.2) Regulations 2001, National Minimum Wage Regulations 1999 (Amendment) Regulations 2002, National Minimum Wage Regulations 1999 (Amendment) Regulations 2003, National Minimum Wage Regulations 1999 (Amendment) Regulations 2004, National Minimum Wage Regulations 1999 (Amendment) (No. the payment is paid in either the pay reference period in which the record is given to the employer or the pay reference period after that. Rates of the National Minimum Wage and Pay Reference Period. the worker had remained employed until the end of the calculation year without any absences. 21.—(1) “Salaried hours work” is work which is done under a worker’s contract and which meets the conditions in paragraphs (2) to (5) of this regulation. 23.—(1) The hours a worker is absent from work are to be subtracted from the hours of salaried hours work in a pay reference period if all of the following conditions are met—. 1996/2567, S.I. the worker resides in the family home of the worker’s employer; the worker is not a member of that family, but is treated as such, in particular as regards to the provision of living accommodation and meals and the sharing of tasks and leisure activities; the worker is neither liable to any deduction, nor to make any payment to the employer, or any other person, as respects the provision of the living accommodation or meals; if the work had been done by a member of the employer’s family, it would not be treated as work or as performed under a worker’s contract because the requirements in paragraph (2) would be met.