NMWM05020 - Entitlement to National Minimum Wage: what is a worker?
Relevant legislation
»Ê¹ÚÌåÓýapp legislation that applies to this page is as follows:
- National Minimum Wage Act 1998, Sections 1 & 54 (3)
General
Most workers in the United Kingdom over compulsory school leaving age are entitled to be paid at least National Minimum Wage rates. A worker is defined in the National Minimum Wage Act 1998, section 54(3) as someone who has entered into or works or worked under:
- A contract of employment (NMWM04050); or
- Any other contract (NMWM04060) by which the individual undertakes to perform work or services personally for someone else. »Ê¹ÚÌåÓýapp contract can be expressed (orally or in writing) or implied but does not apply where the individual is working on a genuinely self -employed basis for someone who is their client or customer. Self-employed (NMWM05060) people are not entitled to the National Minimum Wage).
»Ê¹ÚÌåÓýapp definition of a worker also includes part-time workers, workers on short-term contracts, agricultural workers and casual workers. Special provisions apply for home workers (NMWM05120) and agency workers (NMWM05110) and for certain other groups (NMWM06000) covered by regulations.