PART IIIWORKING TIME FOR THE PURPOSES OF THE NATIONAL MINIMUM WAGE

The hours worked in a pay reference period

Output work24

1

The output work worked by a worker in a pay reference period shall be the total number of hours spent by the worker during the pay reference period in doing output work, except where the output work is output work of the kind specified in paragraph (2) in relation to which the conditions in regulation 25(1) are satisfied.

2

The kind of output work mentioned in the exception to paragraph (1) is output work in respect of which (apart from the effect of regulation 25 and any agreement made pursuant to that regulation)–

a

the worker’s contract does not set any normal, minimum or maximum working hours; and

b

the employer does not in practice determine or control the hours worked by the worker.