NMWM08160 - Working time: salaried hours work: waiting time at or near work place

Relevant legislation

The legislation that applies to this page is as follows:

• National Minimum Wage Regulations 2015, regulations 27(1)(b) & 27(2)

General

Time where a worker performing salaried hours work is not working but is required by their employer to be available at or near a place of work for the purposes of working is included (i.e. treated as working time) when considering whether excess hours have been worked (NMWM08110). This applies even if the worker is simply waiting to be given work, is “on call” or “stand by” (NMWM08170).

It does not matter whether during such time the employer provides any work for the worker to do, or whether the worker actually performs work. The relevant factors are that the employer requires the presence of the worker at a specified location and time of their choosing and the worker complies with that requirement.

However, where a worker’s home is at or near his place of work, and he is permitted to remain at home whilst waiting for work, the time spent at home will not be included in an excess hours calculation unless work is actually being performed.

Special consideration is required for any waiting time which involves the worker using employer provided facilities to sleep at or near a place of work (NMWM08180).