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The National Minimum Wage Regulations 2015

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The meaning of salaried hours workU.K.

This section has no associated Explanatory Memorandum

21.—(1) “Salaried hours work” is work which is done under a worker’s contract and which meets the conditions in paragraphs (2) to (5) of this regulation.

[F1(2) The first condition is that the worker is entitled under their contract to be paid—

(a)an annual salary; or

(b)an annual salary and one or both of—

(i)a performance bonus; and

(ii)a salary premium.]

(3) The second condition is that the worker is entitled under their contract to be paid that salary or salary and performance bonus [F2or salary premium (or all three)] in respect of a number of hours in a year, whether those hours are specified in or ascertained in accordance with their contract (“the basic hours”).

[F3(4) The third condition is that the worker is not entitled under their contract to a payment in respect of the basic hours other than—

(a)an annual salary; or

(b)an annual salary and one or both of—

(i)a performance bonus; and

(ii)a salary premium.]

[F4(5) The fourth condition is that the worker is entitled under their contract to be paid, where practicable and regardless of the number of hours actually worked in a particular week, month or other period, in instalments which—

(a)are equal and occur not more often than weekly and not less often than monthly; or

(b)occur monthly and vary but have the result that the worker is entitled to be paid an equal amount in each quarter.]

(6) Circumstances where it may not be practicable to pay a worker by equal instalments, or by an equal amount in each quarter, include where—

(a)a performance bonus is awarded;

[F5(aa)a salary premium is paid;]

(b)the annual salary is varied;

(c)a payment is made in respect of hours in addition to basic hours; or

[F6(d)the employment starts or terminates during a week, month or other period provided for in paragraph (5)(a) with the result that the worker is paid a proportionate amount of their annual salary for that week, month or other period.]

(7) Work may be salaried hours work whether or not—

(a)all the basic hours are working hours;

(b)the worker works hours in excess of the basic hours (whether the worker is entitled to be paid for those additional hours or not);

(c)the annual salary may be reduced due to an absence from work.

(8) A “performance bonus” is a payment paid to a worker on merit attributable to the quality or amount of work done in the course of more than one pay reference period.

[F7(9) A “salary premium” is—

(a)an amount of pay which is—

(i)in addition to the annual salary; or

(ii)an increase in the rate of pay for particular working hours;

(b)in respect of the basic hours; and

(c)attributable to working—

(i)at a particular time of the day;

(ii)on a particular day;

(iii)at a particular location;

(iv)in a particular working environment;

(v)within a particular geographical area;

(vi)on a particular task; or

(vii)subject to a particular responsibility.]

Textual Amendments

Commencement Information

I1Reg. 21 in force at 6.4.2015, see reg. 1

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