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National Minimum Wage Bill

This is the text of the National Minimum Wage Bill, as presented to the House of Commons on 26 November 1997

 
  
EXPLANATORY AND FINANCIAL MEMORANDUM
 
 
 
  
National Minimum Wage Bill
 
 
 
 
ARRANGEMENT OF CLAUSES

Entitlement to the national minimum wage
Clause 
1.Workers to be paid at least the national minimum wage.

Regulations relating to the national minimum wage
2.Determination of hourly rate of remuneration.
3.Exclusion of, and modifications for, certain classes of person.
4.Power to add to the persons to whom section 3 applies.

The Low Pay Commission
5.The first regulations: referral to the Low Pay Commission.
6.Referral of matters to the Low Pay Commission at any time.
7.Referrals to, and reports of, the Low Pay Commission: supplementary.
8.The Low Pay Commission.

Records
9.Duty of employers to keep records.
10.Worker's right of access to records.
11.Failure of employer to allow access to records.
12.Employer to provide worker with national minimum wage statement.

Officers
13.Appointment of officers.
14.Powers of officers.

Enforcement
15.Non-compliance: worker entitled to additional remuneration.
16.Enforcement in the case of special classes of worker.
17.Power of officer to issue enforcement notice.
18.Non-compliance: power of officer to sue on behalf of worker.
19.Financial penalty for non-compliance.
20.Appeals against penalty notices.

Rights not to suffer unfair dismissal or other detriment
21.The right not to suffer detriment.
22.Enforcement of the right.
23.Right of employee not to be unfairly dismissed: Great Britain.
24.Right of employee not to be unfairly dismissed: Northern Ireland.

Procedure and evidence in civil proceedings
25.Industrial tribunal hearings etc by chairman alone.
26.Reversal of burden of proof.

Conciliation
27.Conciliation.

Offences
28.Offences.
29.Offences by bodies corporate etc.
30.Proceedings for offences.

Special classes of person
31.Agency workers who are not otherwise "workers".
32.Home workers who are not otherwise "workers".
33.Crown employment.
34.Armed forces.
35.House of Lords staff.
36.House of Commons staff.
37.Mariners.

Extensions
38.Power to apply Act to individuals who are not otherwise "workers".
39.Power to apply Act to offshore employment.

Exclusions
40.Share fishermen.
41.Voluntary workers.
42.Prisoners.

Agricultural workers
43.Relationship of this Act and agricultural wages legislation.
44.Amendments relating to remuneration etc of agricultural workers.

Miscellaneous and supplementary provisions
45.Application of Act to superior employers: liability of employers and others in respect of offences.
46.Restrictions on contracting out.
47.Publicity.
48.Regulations.
49.Expenses.
50.Repeals and revocations.
51.Meaning of "worker", "employee" etc.
52.Interpretation.
53.Short title, commencement and extent.
 

SCHEDULES
    Schedule 1-The Low Pay Commission.
    Schedule 2-Amendments relating to remuneration etc of agricultural workers.
    Part I-The Agricultural Wages Act 1948.
    Part II-The Agricultural Wages (Scotland) Act 1949.
    Part III-The Agricultural Wages (Regulation) (Northern Ireland) Order 1977.
    Schedule 3-Repeals and revocations.
 

 
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Prepared 27 November 1997