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Contents

Official guidance
National Minimum Wage Manual

NMWM05000 · Entitlement to National Minimum Wage

  • NMWM05010 · Legal entitlement
  • NMWM05020 · What is a worker?
  • NMWM05030 · Working or ordinarily working in the United Kingdom
  • NMWM05040 · Definitions of contract of employment, employee and employer
  • NMWM05050 · Contract excludes or restricts payment of National Minimum Wage
  • NMWM05060 · Self-employment
  • NMWM05070 · Silent partners
  • NMWM05080 · Volunteers
  • NMWM05090 · Voluntary workers
  • NMWM05100 · Volunteering schemes, (ProjectScotland and “vInspired”)
  • NMWM05110 · Agency workers
  • NMWM05120 · Home workers
  • NMWM05130 · Superior employers
  • NMWM05140 · Directors and office holders
  • NMWM05150 · Shadow directors
  • NMWM05160 · Family members
  • NMWM05170 · Friends and neighbours
  • NMWM05180 · Living as part of the family
  • NMWM05190 · Resident workers in religious and other communities
  • NMWM05200 · Illegal working and those working in breach of stay conditions
  • NMWM05210 · Reporting illegal working
  • NMWM05220 · Workers engaged in prohibited working arrangements
  • NMWM05230 · Apprentices
  • NMWM05235 · Apprentices: specific government arrangements
  • NMWM05240 · Contract of apprenticeship
  • NMWM05250 · Apprentices: summary of entitlement
  • NMWM05260 · Apprentices aged under 19
  • NMWM05270 · Apprentices aged 19 and over who are in the first 12 months of their apprenticeship contract
  • NMWM05280 · Apprentices aged 19 and over NOT in the first 12 months of their apprenticeship contract
  • NMWM05290 · Apprentices aged 26 and over
  • NMWM05300 · Apprentices: changes in apprenticeship contracts
  • NMWM05310 · Non-employment and non-employed status
  • NMWM05315 · Interns and internships
  • NMWM05320 · Trainees and traineeships in England
  • NMWM05330 · Schemes to provide training, work experience, temporary work or to help to find work.
  • NMWM05340 · Workers undertaking work experience as part of a higher education course
  • NMWM05342 · Workers undertaking work experience as part of a further education course
  • NMWM05350 · Workers participating in a scheme after being homeless or residing in a hostel for homeless persons
  • NMWM05360 · Workers participating in the European Union programmes: Leonardo da Vinci and Youth in Action
  • NMWM05362 · Workers participating in the European Union programmes: Erasmus+ and Comenius
  • NMWM05370 · Settlement agreements (formerly compromise agreements) and negotiated settlements
  • NMWM05380 · Effect of settlement agreements and HMRC settlements on NMW Officers’ investigation
  1. Entitlement to National Minimum Wage: contents
  2. Entitlement to National Minimum Wage: legal entitlement

NMWM05010 | Entitlement to National Minimum Wage: legal entitlement

From HM Revenue & Customs · National Minimum Wage Manual

Relevant legislation

The legislation that applies to this page is as follows:

  • National Minimum Wage Act 1998, sections 1(1) & 2

General

Most workers in the United Kingdom who are over compulsory school leaving age (and those who ordinarily work in the United Kingdom) are entitled to be paid at least national minimum wage rates. This is set out in the National Minimum Wage Act 1998, section 1 as:

1.- (1) A person who qualifies for the national minimum wage shall be remunerated by his employer in respect of his work in any pay reference period at a rate which is not less than the National Minimum Wage.

(2) A person qualifies for the National Minimum Wage if he is an individual who-

    1. is a worker (NMWM05020);

  1. is working, or ordinarily works, in the United Kingdom under his contract; (NMWM05030) and

  2. has ceased to be of compulsory school age (NMWM03070).

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