As you would expect there are a range of conditions that affect the answer to this question. We have reproduced below a summary of the main conditions to be observed.
Workers must be at least school leaving age to get the National Minimum Wage. They must be 25 or over to get the National Living Wage.
Contracts for payments below the minimum wage are not legally binding. The worker is still entitled to the National Minimum Wage or National Living Wage.
Workers are also entitled to the correct minimum wage if they are:
- casual labourers, for example someone hired for one day
- agency workers
- workers and homeworkers paid by the number of items they make
- trainees, workers on probation
- disabled workers
- agricultural workers
- foreign workers
- offshore workers
Apprentices are entitled to the apprentice rate if they’re either:
- under 19
- 19 or over and in the first year of their apprenticeship
- Apprentices over 19 who have completed the first year of their apprenticeship are entitled to the correct minimum wage for their age.
The following types of workers aren’t entitled to the National Minimum Wage or National Living Wage:
- self-employed people running their own business
- company directors
- volunteers or voluntary workers
- workers on a government employment programme, such as the Work Programme
- members of the armed forces
- family members of the employer living in the employer’s home
- non-family members living in the employer’s home who share in the work and leisure activities, are treated as one of the family and aren’t charged for meals or accommodation, for example au pairs
- workers younger than school leaving age (usually 16)
- higher and further education students on a work placement up to 1 year
- workers on government pre-apprenticeships schemes
- people on the following European Union programmes: Leonardo da Vinci, Youth in Action, Erasmus, Comenius
- people working on a Jobcentre Plus Work trial for 6 weeks
- share fishermen
- people living and working in a religious community
If you would like to discuss this article in more depth please contact DSC Chartered Accountants on Harrogate, 01423 560547 or Leeds, 0113 243 3559.