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National Minimum Wage

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Chapter 4<br />

Compliance and Operation of the<br />

<strong>National</strong> <strong>Minimum</strong> <strong>Wage</strong><br />

Introduction<br />

4.1 Compliance remains the cornerstone of the <strong>National</strong> <strong>Minimum</strong> <strong>Wage</strong> (NMW) regime.<br />

Achieving and maintaining a high level of compliance requires widespread awareness and<br />

understanding of the wage arrangements, and also effective enforcement. We set out in this<br />

chapter a number of developments in the areas of awareness, guidance and enforcement, as<br />

well as our recommendations for maintaining compliance.<br />

4.2 We showed earlier in this report that the NMW has more of an impact on particular sectors<br />

of the economy. It also has a greater effect on particular groups of workers. This is because<br />

of such workers’ type of work, the kind of payments they receive, or other aspects of their<br />

work arrangements. In this chapter we look in detail at the functioning of the NMW<br />

arrangements in respect of agency workers; the accommodation offset; migrant workers;<br />

those paid by piece rates; internships, work experience and volunteering; tips; and care<br />

workers. We also report on the latest position with regard to seafarers.<br />

4.3 In addition, as part of our remit, we were asked to consider the implications of the proposed<br />

abolition of the Agricultural <strong>Wage</strong>s Board for England and Wales. We consider this later in<br />

this chapter. The remit also asked us to look at whether the NMW regulations could be made<br />

even simpler and easier to administer. We gave careful consideration to this matter and<br />

consulted widely, and we look at this first.<br />

Operation of the <strong>National</strong> <strong>Minimum</strong> <strong>Wage</strong> –<br />

Simplification<br />

4.4 In this section we look at the evidence we have received in relation to how the minimum<br />

wage could be made simpler and easier to administer. Linked to this, we consider wider<br />

issues in relation to the operational aspects of the wage, for example with regard to agency<br />

workers, where these have arisen in the context of simplification.<br />

A Simple and Straightforward <strong>National</strong> <strong>Minimum</strong> <strong>Wage</strong><br />

4.5 Having a minimum wage that is simple and straightforward has been one of the guiding<br />

principles for the Commission ever since our first report. We have always regarded this as<br />

important in making the NMW easy to understand, implement and enforce. The Government<br />

has asked us as part of the remit for this report to consider whether the wage arrangements<br />

can be made even simpler. It regards reducing and simplifying regulation as a key priority and,<br />

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