Minimum wage and Commission

Lindywy235

Does anybody know: If you work and get paid below minimum wage but get commission although that is not guaranteed, should you be paid at least the minimum wage without taking into account your commission? 

Dakta

You should be paid at least the national minimum wage, this includes commission as I understand it (quick google agrees) so as long as you meet NMW after commissions factored in then it seems you're legal.

Flipside on this is if things don't go well commission-wise and you end up under NMW, employer should make it up to meet NMW at the very least.

Good article here which also goes into the way its calculated - https://www.warnergoodman.co.uk/site/blog/news/commission-based-employees-national-minimum-wage

Marcon

Lindywy235 said:

Does anybody know: If you work and get paid below minimum wage but get commission although that is not guaranteed, should you be paid at least the minimum wage without taking into account your commission? 

Yes. You need to be paid at least the minimum wage per pay period. If you don't earn the commission required to top up your basic earnings to the requirement minimum level, then the employer has to top up regardless.

Grumpy_chap

Marcon said:

Yes. You need to be paid at least the minimum wage per pay period. If you don't earn the commission required to top up your basic earnings to the requirement minimum level, then the employer has to top up regardless.

Although, if the role is one that would traditionally have been "commission only" sales and there becomes a need to have the NMW top-up by the employer for anything other than exceptional circumstances then the role might not be well-suited to the individual.

Ath_Wat

Marcon said:

Lindywy235 said:

Does anybody know: If you work and get paid below minimum wage but get commission although that is not guaranteed, should you be paid at least the minimum wage without taking into account your commission? 

Yes. You need to be paid at least the minimum wage per pay period. If you don't earn the commission required to top up your basic earnings to the requirement minimum level, then the employer has to top up regardless.

You have said yes there, but the question was "should you be paid at least the minimum wage without taking into account your commission?"  The answer to that is no, as long there is sufficient commission, no top up is necessary.