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Work Experience Guidelines

 

 

Work Experience, Volunteering & the National Minimum Wage

 

A quick guide from BECTU

 

 

Question 1. WORK EXPERIENCE

Is the individual a fulltime student on a Higher Education course, on a work placement organised with/through their college as part of their course of study?

 

If YES then this is a genuine Work Experience placement and the National Minimum Wage (NMW) Act does not apply.

 

If NO go to question 2.

 

 

 

Question 2. CHARITY VOLUNTEER

Is the individual a volunteer carrying out voluntary activities for a charity or similar non-commercial body with charitable purposes?

 

If YES then this is genuine volunteering and the NMW Act does not apply.

 

If NO go to question 3.

 

 

 

Question 3. PRIVATE VOLUNTEER

Is the individual a private volunteer wishing to acquire work experience, who has come to an arrangement with an employer for a limited period of time (Skillset recommends 2 weeks) whereby s/he may attend the workplace at times of her/his own choosing; is not expected or obliged to carry out any tasks which would normally be done by permanently-employed or freelance workers; and is not subject to any form of mutual obligation with the employer?

 

If YES then although this is not “volunteering” as the NMW Act defines it, the individual would not be regarded as a worker and would not therefore be covered by the NMW Act.

 

If NO go to question 4.

 

 

 

Question 4. BUSINESS UNDERTAKING

Is the individual providing services through a registered limited company or partnership?

 

If YES then s/he is a business undertaking and the NMW Act does not apply.

 

If NO go to question 5.

 

 

 

Question 5. WORKER or EMPLOYEE

Is the individual:-

·         Carrying out work at places of work determined by another party, at times determined by the other party?

·         Carrying out work on behalf of the other party, as part of their business or for their benefit?

·         Required to attend personally for work (as opposed to sending along a substitute)?

·         Working under the direction or supervision of the other party, or an agent of the other party?

 

If the answer to 3 or more of these questions is YES then the individual is either a Worker or an Employee and the “other party” is an Employer with all the obligations that go with that status (insurance etc.).

Both Workers and Employees are entitled to be paid at least the NMW for all the hours they work. The NMW is currently £5.73 per hour for anyone aged 22 or more.

Workers and Employees are also covered by the Working Time Regulations including statutory holiday entitlement, either in the form of paid time off (currently 4.8 weeks per annum, pro rata), or failing this in the form of holiday pay at the end of the contract.

In addition Employees have other employment rights including sick pay.

In general Schedule D tax status is associated with Worker status, while PAYE tax status is associated with Employee status - BUT tax status is only one factor and is not necessarily definitive.

 

If the answer YES can only be given to 2 or fewer of these questions – and yet the individual does not fall into any of the other categories above (work experience/genuine volunteer/business undertaking) - then we would look into the individual circumstances to clarify their status. In practice these cases will be rare, but they might occur in respect of Writers, or various forms of “Consultant”.

 

 

Martin Spence

BECTU

November 2008

 

LP1.3.rsa.nov08.2

 

 

 

Bectu Guidelines