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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47375
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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We plan to hire delivery people. They will not be our permanent

Resolved Question:

We plan to hire delivery people. They will not be our permanent workers. Can we pay them with the profit commission? We want to pay a fixed £1 for each delivery they will complete and from 50% to 0% from the profit from each order. So if no orders, a delivery person will get £0 and if 2 orders, about £14 is being paid. So it's not an hourly rate, it depends on the number of orders.
I live in the UK
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Can you please go though the following site and take the employment status test based on what they will be doing and let me know the outcome: https://www.gov.uk/guidance/employment-status-indicator
Customer: replied 1 year ago.
Self-employed
Expert:  Ben Jones replied 1 year ago.
Thank you. If someone is genuinely self employed then they are not entitled to receive the National Minimum Wage and as such you are able to pay them whatever you want. In other words the pay they get and the hours they work should not mean they are entitled to at least the current minimum wage of £7.20 an hour. So yes, it is entirely possible for you to ay tem as proposed as long as that is clearly agreed with them and documented in their contract. To cover yourself you should have a clear description of how their remuneration is calculated and also state that they are not entitled to the National Minimum Wage as they are self employed workers. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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