UK LAW ONLY - Regarding minimum wage. My partner's been offered a full time job and we're checking the wages.?
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UK LAW ONLY - Regarding minimum wage. My partner's been offered a full time job and we're checking the wages.?
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My partner has been offered a sales job paying £30 a day, for an 8 hour shift. I calculate that to be £3.75 per hour. This is a 40 hours a week post. He has been told that if he earns enough commission, that will make his pay up to the legal minimum of £5.73 an hour, but commission rates have not been specified for the job.
I have worked out that if he doesn't earn any commission, that is considerably less than minimum wage, so only the commission will make up the shortfall. I thought minimum wage was guaranteed, regardless of commission, and that commision can't be used to make up the difference. Can anyone guide me as to the legal position on this issue, please?
Thank you in advance for your answers. Additional Details Minimum wage is £5.73 an hour, above the age of 21, which is our age group - 40 plus in our case. The employer only intends to pay £30 a day, if no commission is earned, as far as we can tell, no extra is on offer without earning commission.
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Brit Boy
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Whatever the arrangement with the commission, they can't pay less than the minimum wage. If they are trying to do this without guaranteeing to make your pay up to the minimum wage if no commission is earned they are breaking the law.
They have to guarantee you £5.73 an hour minimum.I |
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Lucinda L
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Minimum wage is guaranteed but employers are allowed to make up the extra with things like commission or tips. If he doesn't get any commission, they will still have to pay him minimum wage so he can't get any less than that, it just means that his commission won't really count for anything until he gets beyond the level needed to make up minimum wage. |
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Mas
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To be honest your best bet would be to contact ACAS or the NMW hotline
NMW 0845 6000 678
They are open mon-fri 9am to 5pm |
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Paul a
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I agree with the suggestion to go to ACAS etc.
but ask yourself this question.
If it is this difficult before you start work what is it going to be like later?
Maybe best staying on UB 40 until decent employer comes along and not have the hassle of signing on/off if it applies. If not do not change your job! |
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Ryan C
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im sure minimum wage is £5.30 a hour |
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