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HMRC internal manual

National Minimum Wage Manual

Types of work: confirming time work

For a worker to be performing time work (NMWM07040) they must not be performing salaried hours work (NMWM07020) and be paid in relation to the time worked (on the basis of the time spent doing the work).

 

When presented with a worker performing time work it is important to confirm that time work is applicable.

 

For example:

Generally, where a worker is performing time work they commonly have an hourly rate and sometimes an indication of how many hours they are expected to work. A time workers pay will always reflect the number of hours worked. Their pay will vary for each PRP, in accordance with the number of hours worked in that PRP. If a time worker works longer than expected they will earn more and be paid extra in relation to the additional time worked.

 

A worker who is paid the same amount each month and works every Tuesday - Thursday cannot be time work because the number of days worked will differ each month.  If the pay remains the same each month but the number of days vary he is not being paid in relation to the time worked.  If he doesn’t meet the criteria for salaried work or time work he will be performing unmeasured work.