Hourly-paid workers 





Under the NMWR 15, hourly-paid workers do “time work”. In other words, their pay is based on the number of hours they work (regulation 31, NMWR 15). They must be paid at least the NMW for all the hours they are required to work, averaged out across the relevant pay reference period (weekly or monthly). 





There is no statutory right to be paid for rest breaks under the NMWR (regulation 10(h)(i), NMWR 15). Some workers will have a separate contractual right to paid rest breaks, especially if they work in a unionised workplace. 





An hourly-paid worker is also entitled to the NMW for all the time spent training during working hours (regulation 33, NMWR 15).





Time work includes all the time when a worker is required by the employer to remain available at or near the workplace other than at their home for the purpose of doing work (regulation 32, NMWR 15). Workers must be paid at least the NMW for all these hours. It does not matter whether the employer labels the time as “on call”, “standby” or “downtime”. There are special rules for time spent sleeping, explained below.