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National minimum wage and voluntary workers

Starting Date: 12-06-07

Closing Date: 04-09-07

In January 2007, the government announced that it was carrying out a review of the provisions in the National Minimum Wage Act 1998 that relate to voluntary workers. Section 44 of the 1998 Act defines a voluntary worker as someone who works for a certain type of organisation (i.e., charities, voluntary organisations, associated fund-raising bodies and statutory bodies) and who receives no monetary payment or benefit in kind, other than reimbursement for expenses incurred, subsistence and/or accommodation as is reasonable in the circumstances of the employment, and any training necessary to carry out the work. Voluntary workers are excluded from qualifying for the nat ional minimum wage by section 44 of the 1998 Act.

The subsequent consultation ran from 12 June to 4 September 2007, inviting views on three areas:

1. The experience of the voluntary sector with Section 44 of the National Minimum Wage Act.
2. The use of regulations to exempt participants in the framework for youth volunteering which was recommended by the Russell Commission established in May 2004.
3. Explicitly excluding Cadet Force Adult Volunteers from qualifying for the NMW.

Helen Dwyer
National Minimum Wage team
Bay 460
Employment Relations
Department for Business, Enterprise and Regulatory Reform,
1 Victoria Street
0207 2153484

Consultation Documents

Consultation Responses