Defending terms and conditions - a legal guide for union reps (September 2020)

Chapter 2

NMW record keeping

[ch 2: page 26]

Employers must keep adequate records to show they are paying the NMW (section 10, National Minimum Wage Act 1998 (NMWA)). A worker is entitled to inspect their individual record (section 10, NMWA).

When paying wages, an employer must provide an NMW statement so that workers can calculate whether they are getting at least the NMW in each pay reference period (section 12, NMWA).

The penalty for breach of these rights is 80 times the hourly NMW rate in force when the award is made (section 11, NMWA).


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