NMWM05060 - Entitlement to National Minimum Wage: self-employment

Relevant legislation

The legislation that applies to this page is as follows:

• National Minimum Wage Act 1998, section 54(3)(b)

General

There is no definition of self-employment in the National Minimum Wage Act 1998. However, those who are genuinely and independently self-employed are not entitled to the National Minimum Wage as they cannot be classed as a worker within the meaning of the Act. This is because the work or services they supply is provided by their business to their customer or client under a contract for services.

It is important to ensure that employers do not attempt to avoid paying National Minimum Wage by setting up arrangements to claim their workers are self-employed. Instances where such arrangements appear to be in operation for workers need to be thoroughly investigated.

There are a number of issues to consider when distinguishing between someone who is self-employed and someone who is a worker (NMWM05020). It is not simply determined by someone’s tax status and a person who has been assessed as “self-employed” for tax purposes may not necessarily be self-employed for the purposes of National Minimum Wage (NMWM04020).