4.—(1) This regulation applies if a posted worker in the construction sector is remunerated by the employer for any pay reference period commencing on or after the date these Regulations come into operation at a rate that is less than the national minimum wage.
(2) The contractor is to be treated for the purpose of these Regulations as having made an unauthorised deduction of the relevant sum from the worker’s wages.
(3) In this regulation and in regulation 5 the “relevant sum” means the proportion of the amount due to the worker as additional remuneration in respect of the pay reference period, calculated in accordance with section 17 of the National Minimum Wage Act 1998(1) (non-compliance: worker entitled to additional remuneration), which is the same as the proportion of the pay reference period during which the worker carried out work relating to the employer’s obligations to the contractor.
(4) In this regulation—
“national minimum wage” has the same meaning as in the National Minimum Wage Act 1998;
“pay reference period” has the meaning given by regulation 6 of the National Minimum Wage Regulations 2015(2).
1998 c. 39; section 17 was amended by section 8 of the Employment Act 2008 (c. 24).