NMWM05190 - Entitlement to National Minimum Wage: resident workers in religious and other communities
Relevant legislation
The legislation that applies to this page is as follows:
- National Minimum Wage Act 1998, section 44A
General
A residential member of a community does not qualify for the National Minimum Wage in respect of employment by the community, providing that:
- the community is a charity or is established by a charity; and
- a purpose of the community is to practice, or advance a belief of a religious or similar nature, and;
- all or some of its members live together for that purpose, for example;
- there has to be a core group of people who live together in a physical place to form a community (such as a monastery or nunnery), and;
- to be a residential member, the person must be living with the core group identified at 1.
This does not apply to a community which is an independent school or which provides a course of further or higher education when entitlement to the National Minimum Wage applies in the normal way.