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The National Minimum Wage Regulations 1999
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Determining the hours of output work where there is a “fair estimate” agreement
26.—(1) In paragraph (2) the term “ascertained hours” means the fair estimate of hours contained in an agreement referred to in paragraph (1)(a) of regulation 25.
(2) Where the conditions in regulation 25(1) are satisfied in relation to output work of the kind specified in regulation 24(2), the output work worked by a worker in the pay reference period in respect of the work covered by the agreement in question shall be treated as being–
(a)where in the pay reference period the worker has worked for the ascertained hours or longer (including any time which is to be treated as output work), the ascertained hours; or
(b)where in the pay reference period the worker has worked for less than the ascertained hours, the total of the number of hours he has worked (including such time).
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