DBS Law Ltd
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national minimum wage
If you have an employment contract you are an employee, therefore, a worker for the purpose of the National Minimum Wage (NMW) rules.
Even If you don’t have an employment contract, you could still be a worker and entitled to receive the NMW if you do work personally for someone else. If you are genuinely self-employed you are not entitled to receive the NMW.
Agency workers
If you are an agency worker you are entitled to receive the NMW. Whoever pays you, which is usually the agency rather than whoever you are sent to work for, is regarded as your employer for NMW purposes.
Apprentices
If you are aged 19 or over and have completed the first year of your apprenticeship you are entitled to the NMW. Apprentices for NMW purposes are either workers who have contracts of apprenticeship or workers taking part in training schemes who are treated as if they have a contract of apprenticeship.
Foreign workers
If you are a worker from outside the UK and you are legally working in the UK you are entitled to the NMW. It doesn’t matter how long or short a time you stay here or whether your employer is based in the UK or somewhere else.
Piece workers
If you are paid by the number of items you produce or tasks you perform you must either be paid at least the NMW for every hour you work or what is called a ‘fair’ piece rate for each piece produced or task performed. There are special rules for working this out.
Agricultural workers
Agricultural workers covered by agricultural wages' laws are entitled to the Agricultural Minimum Wage rather than the NMW. No agricultural worker can be paid less than the NMW. Some agricultural workers must be paid more than the NMW because there is a higher Agricultural Minimum Wage rate.
Commission workers
If you are paid completely or partly by results, for example sales made or deals completed, you are entitled to be paid the NMW.
Trainees or workers on a period of probation
If you are training for a job or you are on probation then you are still entitled to the NMW. There are exemptions for some apprentices and workers on training courses
