Minimum wage help

spoilt_BUT_appreciate_it

Hi all....

I am hoping someone can help me with a query related to the minimum wage.

The following is a quote from the BERR website about the subject:

"only your basic pay counts when deciding if you are paid the minimum wage. Money you are paid for overtime, bonuses or shift work doesn't count"

My question is, would people agree or disagree that 'commission' counts as a bonus and not basic wage, i.e. car salespeople, estate agents etc....

Where I work, I do get paid commission, but TBH, it isn't alot...

Work Mon - Fri 8:30am - 6:30pm, 45min lunch, working day = 9.25hrs
work 3 Saturdays in every 4, 9am - 4pm, working day = 6.5hrs

Working week with Saturday = 52.75hrs
Working week no Saturday = 46.25hrs

Every 4 weeks (52.75+52.75+52.75+46.25) = 204.5hrs
Annually = 2658.5hrs, divide by basic salary of £12,000.00 = hourly rate of £4.52:eek: :eek:

Current minimum wage for people over 22 is £5.52:eek: :eek:

Have I done these calculations correctly, please can anyone advise..?

Any help/advice greatly appreciated....:o

also, before anyone mentions it, I have signed an opt-out to go over 48hrs per week, but that's a different subject..;)

dmg24

Commission can be included in the NMW calculation.

What job do you do that requires such long hours without any additional payment?

Can you link to the BERR information that you have quoted? I think it may read differently as a whole.

spoilt_BUT_appreciate_it

I work as a sales negotiator in an estate agents...

Here is the main page about minimum wage
http://www.berr.gov.uk/employment/pay/national-minimum-wage/index.html

and further down, the quote was taken from page 4 of the guide for workers, here
http://www.berr.gov.uk/files/file43674.pdf

Thanks for your help..

dmg24

I think that the workers guide on BERR is misleading, as it tries to generalise too much.

There is a much better guide here, including a calculator to see how much you should be getting (including commission). Also, if you look at the Example Calculation, is shows how to work out your hourly pay.

spoilt_BUT_appreciate_it

dmg24 wrote: »

I think that the workers guide on BERR is misleading, as it tries to generalise too much.

There is a much better guide here, including a calculator to see how much you should be getting (including commission). Also, if you look at the Example Calculation, is shows how to work out your hourly pay.

Thanks for that... can you check this for me..

May '08 example....
gross £1000
comm £100

tot. =£1100 divide by 221.5hrs (2658.5/12) = £4.97per hour

Is this right ???

55p per hour short of min. wage.

dmg24

Your calculation is correct, but are the hours that you have stated correct?

Do you only get one break in a ten hour day, and do you not get a day off in the week when you work a Saturday?

Is there anybody else at work in the same position as you that you could speak with (be sure that you can trust them first!)?

I would have a word with your employer and query why you are working so many hours for so little pay. If they are not willing to raise your pay (or cut your hours) you can make a complaint to the NMW Helpline, detailed on the above link.

Let us know how you get on x

spoilt_BUT_appreciate_it

dmg24 wrote: »

Your calculation is correct, but are the hours that you have stated correct? to the best of my knowledge yes..

Do you only get one break in a ten hour day, and do you not get a day off in the week when you work a Saturday?It's very hectic and sometimes don't even get the full 45mins break either. There is no day off during week when working Saturday.

Is there anybody else at work in the same position as you that you could speak with (be sure that you can trust them first!)? Other people in same position yes, but wouldn't speak with them - trust issues...

I would have a word with your employer and query why you are working so many hours for so little pay. If they are not willing to raise your pay (or cut your hours) you can make a complaint to the NMW Helpline, detailed on the above link. I will think about it, trouble is I haven't been here for 1 yr yet, so they could make up a reason to get rid of me, not protected from unfair dismissal.

Let us know how you get on x will do, thanks for all your help. xx

see above for answers....

LittleVoice

would have a word with your employer and query why you are working so many hours for so little pay. If they are not willing to raise your pay (or cut your hours) you can make a complaint to the NMW Helpline, detailed on the above link. I will think about it, trouble is I haven't been here for 1 yr yet, so they could make up a reason to get rid of me, not protected from unfair dismissal.

You would be protected in the event of unfair dismissal if you showed that it was because you were claiming your statutory right to the minimum wage.

dmg24

LittleVoice wrote: »

would have a word with your employer and query why you are working so many hours for so little pay. If they are not willing to raise your pay (or cut your hours) you can make a complaint to the NMW Helpline, detailed on the above link. I will think about it, trouble is I haven't been here for 1 yr yet, so they could make up a reason to get rid of me, not protected from unfair dismissal.

You would be protected in the event of unfair dismissal if you showed that it was because you were claiming your statutory right to the minimum wage.

In the same way as people who are dismissed due to disability, pregnancy etc, the difficulty would be proving that was the reason for dismissal. In the current economic climate, it would be quite easy to make the OP 'redundant' due to a lack of available work.