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Who is eligible for the national minimum wage?

The following people are eligible for the national minimum wage:

  • Individuals working under a contract of employment
  • Anyone who works under a contract personally performing work or services for someone else, whether he/she has a written contract or not
  • Freelancers working for one organisation for example: those not genuinely self-employed
  • Those temporarily working outside the United Kingdom

Exceptions to minimum wage

  • Workers under 19 who are apprentices in the first 12 months of a contract of apprenticeship
  • People living and working within the family for example au pairs
  • Directors of companies
  • Members of clergy and residential members of religious communities
  • Unpaid volunteers
  • Sometimes trainees on a government training scheme.

Volunteers

Volunteers are exempt from the minimum wage, only if they do not get any payment or benefit apart from:

  • Actual expenses or expenses which are reasonably estimated
  • Benefits in kind which are reasonable in the circumstances of their voluntary work for example subsistence, accommodation, training

Volunteers may also receive 'pocket money' for subsistence, but only if the volunteer has been placed with a charity or statutory body by a charity: for example, volunteers placed by a central voluntary organisation with schools, hospitals and voluntary organisations, who are likely staying away from home. Community Service Volunteers may be paid reasonable 'pocket money' to cover living expenses and be provided with accommodation and food.

Further information

Reviewed and updated by the HR Services Partnership – April 2010.

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