HC Deb 09 March 1998 vol 308 c243
Amendments made: No. 29, in page 35, line 29, at end insert—
'(12) Where an order under this section fixes any particular minimum rate of wages by reference to two or more component rates, of which—
(as in a case where the minimum rate for night work is fixed as the sum of the minimum rate payable in respect of work other than night work and a supplemental or additional minimum rate in respect of working at night) the national minimum wage provisions of this section apply in relation to the principal component rate and not the supplemental or additional component rates.
- (a) one is the principal component, and
- (b) the other or others are supplemental or additional components,
(13) The national minimum wage provisions of this section do not apply in relation to any minimum rate which is in the nature of an allowance payable in respect of some particular responsibility or circumstance (as in a case where a minimum rate is fixed in respect of being required to keep a dog).
(14) The national minimum wage provisions of this section do not apply in relation to any minimum rate fixed under this section—
unless and to the extent that regulations under section 2 of the National Minimum Wage Act 1998 make provision which has the effect that circumstances or periods in respect of which the minimum rate in question is required to be paid to a worker are treated as circumstances in which, or times at which, a person is to be regarded as working.
- (a) by virtue of subsection (2)(d) of this section, or
- (b) by virtue of section 67 of the Agriculture Act 1967 (sick pay),
(15) In this section "the national minimum wage provisions of this section" means subsections (2B), (2C) and (8) to (10) of this section.'.
No. 11, in page 36, line 22, at end insert—
'(5) In section 104A of the Employment Rights Act 1996 (unfair dismissal: national minimum wage) in subsection (1)(c)—
- (a) any reference to a person qualifying for the national minimum wage includes a reference to a person being or becoming entitled to a minimum rate applicable under this Act; and
- (b) any reference to a person qualifying for a particular rate of national minimum wage includes a reference to a person being or becoming entitled to a particular minimum rate applicable under this Act.'.
No. 31, in page 37, line 23, at end insert—