Does the minimum wage apply to me?

[G7ivp]

I am an HGV DRIVER and work to a rota of 4 days on shift at a time 24 hours a day for a vehicle recovery firm. I sleep when I can and respond to jobs when they come in - day and night - when I'm on shift. When I do a job I'm paid commission but my payslip doesn't show this as a separate figure. There is only one entry on my payslip - Gross Pay. Should I get the minimum wage for the time I spend on shift plus commission or can they use the commission to make my pay up to minimum wage? Thanks in anticipation.

[Amethyst]

Re: Does the minimum wage apply to me?

Yes commission is included in the calculations for minimum wage - it's worked out on an average pay over your pay period ( monthly? ) so divide your gross pay ( inc the commission ) by number of hours you work. Do you sleep on premises / in the recovery vehicle or are you able to go home ?

[G7ivp]

Re: Does the minimum wage apply to me?

I have been sleeping on the premises but have just moved out. Now I take the lorry home and work from there.

[G7ivp]

Re: Does the minimum wage apply to me?

Does it matter where you sleep?

[Amethyst]

Re: Does the minimum wage apply to me?

Well, it depends if you are free to carry on with your life generally while on call ... if you sleep at home and just go on call outs then it's unlikely that time is classed as working time for minimum wage purposes, if you slept in a specified location, at work, or in the lorry, then you're more likely to be able to class those on call hours as working time.