Unpaid Work Experience (Prohibition) (No. 2) Bill

Explanatory Notes

Clause 1

9 Clause 1(2) exempts certain people undertaking work experience from the provision in section 3(2)(a) of the 1998 Act which enables the Secretary of State, by regulations, to exclude persons aged under 26 (together with other groups such as participants in schemes designed to provide training or to assist in seeking work) from the NMW entirely. A person qualifies for this exemption if they are in a scheme to provide work experience for a continuous or non-continuous period which exceeds four weeks.

10 Clause 1(3) inserts a new section 41A into the 1998 Act requiring the Secretary of State to use powers under section 41 of that Act to apply the NMW to certain people undertaking work experience, even if they are not otherwise classified as "workers".

11 Subsection (1) of that new section defines those people as persons undertaking work experience with the same employer for a continuous or non-continuous period which exceeds four weeks.

12 Subsection (2) requires the Secretary of State to make those regulations within a period of six months beginning on the day the Bill is passed.

13 Subsection (3) requires the regulations to require people undertaking such work experience to be paid the NMW rate specified for their age group.

14 Subsection (4) extends, for the purposes of the section, the definition of "employer" used elsewhere in the 1998 Act to include "any organisation which provides an individual with work experience". It also defines "work experience" to mean "observing, replicating, assisting with and carrying out any task with the aim of gaining experience of a particular workplace, organisation, industry or work-related activity".

 

Prepared 12th March 2020