The National Minimum Wage Regulations 2015

Requirements for rated output work

41.—(1) In this Chapter, output work is “rated output work” if all of the following requirements are met—

(a) there are no minimum or maximum working hours in the worker’s contract in relation to the output work;

(b) the employer does not determine or control the hours actually worked in relation to the output work;

(c) the employer has determined the average hourly output rate in accordance with regulation 42;

(d) a notice which satisfies the requirements in paragraph (2) is given to the worker.

(2) The requirements are—

(a) the notice was given to the worker before the beginning of the pay reference period (whether or not it was given before or had effect in relation to earlier pay reference periods), and

(b) the notice conveys all of the following information in writing—

(i) that for the purposes of these Regulations the worker is to be treated as working for a certain period of time;

(ii) the employer has conducted a test or made an estimate of the average speed at which workers do the work to determine the period of time the worker is to be treated as working;

(iii) what the average hourly output rate is for the output;

(iv) the rate to be paid to the worker for a single measure of output;

(v) the telephone number for the Secretary of State’s helpline for workers and employers on workers’ pay and rights at work as published, from time to time, by the Secretary of State.