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HMRC internal manual

National Minimum Wage Manual

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HM Revenue & Customs
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Entitlement to national minimum wage: workers participating in the European Union programmes; Erasmus+ and Comenius

Relevant legislation

The legislation that applies to this page is as follows:

For pay reference periods commencing

* on or after 6 April 2015; National Minimum Wage Regulations 2015, regulations 56(d) & 56(e)
* before 6 April 2015; National Minimum Wage Regulations 1999, regulation 12(16)

General

A worker participating in the European Community Erasmus Programme or Comenius Programme does not qualify for the national minimum wage in respect of work done for his employer as part of that scheme. These programmes are part of the European Union action programme in the field of Lifelong Learning (2007 - 2013).

From 2013, these programmes were replaced by the Europe Union mobility schemes established under the Erasmus+ programme, pursuant to Regulation 1288/2013/EC. Such schemes are being treated in the same way for national minimum wage purposes so a worker will not qualify for national minimum wage in respect of work done for his employer as part of such schemes. Erasmus+ (formerly Erasmus) Programme.

Erasmus+

Erasmus is the European Commission’s flagship educational exchange programme for Higher Education students, teachers and institutions. It was introduced with the aim of increasing student mobility within Europe.

Comenius programme

The Comenius programme focuses on the first phase of education, from pre-school and primary to secondary schools. It is relevant for all members of the education community: pupils, teachers, local authorities, parents’ associations, non-government organisations, teacher training institutes, universities and all other educational staff. For example, funding is available to support partnerships, in-service training and teaching assistantships.

Comenius seeks to develop knowledge and understanding among young people and educational staff of the diversity of European cultures, languages and values. It helps young people acquire the basic life skills and competences necessary for their personal development, for future employment and for active citizenship.

See also: Workers participating in the European Union programmes; Leonardo da Vinci and Youth in Action (NMWM05360).