PART 2AMENDMENTS TO THE NATIONAL MINIMUM WAGE REGULATIONS 2015
CHAPTER 1SALARIED HOURS WORK
5
In regulation 21 (the meaning of salaried hours work)—
a
for paragraph (2) substitute—
2
The first condition is that the worker is entitled under their contract to be paid—
a
an annual salary; or
b
an annual salary and one or both of—
i
a performance bonus; and
ii
a salary premium.
b
in paragraph (3) after “bonus” insert “or salary premium (or all three)”;
c
for paragraph (4) substitute—
4
The third condition is that the worker is not entitled under their contract to a payment in respect of the basic hours other than—
a
an annual salary; or
b
an annual salary and one or both of—
i
a performance bonus; and
ii
a salary premium.
d
for paragraph (5) substitute—
5
The fourth condition is that the worker is entitled under their contract to be paid, where practicable and regardless of the number of hours actually worked in a particular week, month or other period, in instalments which—
a
are equal and occur not more often than weekly and not less often than monthly; or
b
occur monthly and vary but have the result that the worker is entitled to be paid an equal amount in each quarter.
e
in paragraph (6)—
i
after sub-paragraph (a) insert “(aa) a salary premium is paid”; and
ii
for sub-paragraph (d) substitute—
d
the employment starts or terminates during a week, month or other period provided for in paragraph (5)(a) with the result that the worker is paid a proportionate amount of their annual salary for that week, month or other period.
f
after paragraph (8) insert—
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A “salary premium” is—
a
an amount of pay which is—
i
in addition to the annual salary; or
ii
an increase in the rate of pay for particular working hours;
b
in respect of the basic hours; and
c
attributable to working—
i
at a particular time of the day;
ii
on a particular day;
iii
at a particular location;
iv
in a particular working environment;
v
within a particular geographical area;
vi
on a particular task; or
vii
subject to a particular responsibility.