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HMRC internal manual

National Minimum Wage Manual

HM Revenue & Customs
, see all updates

Types of work: unmeasured work - using a daily average agreement to calculate hours worked

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, regulation 50
* before 6 April 2015; National Minimum Wage Regulations 1999, regulation 29

If a valid daily average agreement exists then the worker must be paid the national minimum wage for the ascertained hours specified in the daily average agreement for each day worked in the pay reference period.

The amount of ascertained time is dependent on the worker being available to carry out his duties for the time as stated in his contract. If the worker is not available for some of the time on a day covered in the daily average agreement then a calculation has to be performed to identify the ascertained time for the partial day. This is based on identifying the proportion of the time the worker is available in relation to the full amount of time as contemplated by the contract (NMWM08470).