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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: workers participating in the European Union programmes: Erasmus+ and Comenius

NMWM05362 | Entitlement to National Minimum Wage: workers participating in the European Union programmes: Erasmus+ and Comenius

From HM Revenue & Customs · National Minimum Wage Manual

Relevant legislation
General
Erasmus+
Comenius programme

Relevant legislation

The legislation that applies to this page is as follows:

  • National Minimum Wage Regulations 2015, regulations 56(d) & 56(e)

General

A worker participating in the European Community Erasmus Programme or Comenius Programme does not qualify for the National Minimum Wage in respect of work done for his employer as part of that scheme. These programmes are part of the European Union action programme in the field of Lifelong Learning (2007 - 2013).

From 2013, these programmes were replaced by the Europe Union mobility schemes established under the Erasmus+ programme, pursuant to Regulation 1288/2013/EC. Such schemes are being treated in the same way for National Minimum Wage purposes so a worker will not qualify for National Minimum Wage in respect of work done for his employer as part of such schemes. Erasmus+ (formerly Erasmus) Programme.

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Erasmus+

Erasmus is the European Commission's flagship educational exchange programme for Higher Education students, teachers and institutions. It was introduced with the aim of increasing student mobility within Europe.

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Comenius programme

The Comenius programme focuses on the first phase of education, from pre-school and primary to secondary schools. It is relevant for all members of the education community: pupils, teachers, local authorities, parents’ associations, non-government organisations, teacher training institutes, universities and all other educational staff. For example, funding is available to support partnerships, in-service training and teaching assistantships.

Comenius seeks to develop knowledge and understanding among young people and educational staff of the diversity of European cultures, languages and values. It helps young people acquire the basic life skills and competences necessary for their personal development, for future employment and for active citizenship.

See also: Workers participating in the European Union programmes; Leonardo da Vinci and Youth in Action (NMWM05360).

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