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6. In regulation 38 (records to be kept by an employer)—
(a)in paragraph (3) omit “, 25(1) (output work)”(1);
(b)after paragraph (3), insert—
“(3A) The employer of a worker who qualifies for the national minimum wage who has given the worker a notice in accordance with regulation 24(2)(b), shall keep a copy of that notice and a copy of such data as is necessary to show how he has determined the rates referred to in paragraphs (iii) and (iv) of regulation 25(2)(b).”
(c)in paragraph (4), for “paragraphs (1) and (3),” substitute “paragraphs (1), (3), and (3A),”.
Regulation 2 of the National Minimum Wage Regulations 1999 (Amendment) Regulations 2004 (S.I. 2004/1161), which comes into force on 1st October 2004, substitutes a new regulation 25.
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