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<p>HMRC enforces the National Minimum Wage (NMW) and National Living Wage (NLW) in
line with the law and policy set out by the Department for Business, Energy and Industrial
Strategy (BEIS).</p><p> </p><p>The government is determined that everyone who is entitled
to the National Minimum Wage (NMW) receives it.</p><p> </p><p>All businesses, irrespective
of size or business sector, are responsible for paying the correct minimum wage to
their staff. HMRC won’t hesitate to take action to ensure that workers receive what
they are legally entitled to.</p><p> </p><p>Consequences for not complying with paying
NMW can include fines of 200% of the arrears, public naming and, for the most serious
offences, criminal prosecution.</p><p> </p><p>HMRC takes seriously and considers all
complaints from workers. If anyone thinks they are not receiving at least the minimum
wage, they can contact Acas, in confidence, on 0300 123 1100 or report their employer
online using the link <a href="https://eur03.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.gov.uk%2Fminimum-wage-complaint&data=04%7C01%7Cnavjot.sidhu%40hmrc.gov.uk%7C50f16e8b81d444010c3108da081f3c94%7Cac52f73cfd1a4a9a8e7a4a248f3139e1%7C0%7C0%7C637831227486030406%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000&sdata=Wy71WpU1ErqePw15gqZUn5JeWY6uDenwReBZz%2Bh9XNE%3D&reserved=0"
target="_blank">www.gov.uk/minimum-wage-complaint</a></p><p> </p><p>On 1 October 2020,
BEIS changed the law so that seafarers and other maritime persons who work or ordinarily
work in the UK or in UK territorial waters (generally 12 miles from the seashore)
are generally entitled to NMW. This is regardless of where the vessel is registered
or whether the worker ordinarily resides in the UK.</p><p> </p><p>There are some circumstances
where NMW legislation does not apply, such as work performed on ships exercising the
"right to innocent passage" or "the right of transit passage"
as defined by the 1982 United Nations Convention of the Law of the Seas (UNCLOS).</p><p>
</p><p>HMRC has worked with maritime worker representatives and employers to raise
awareness of the new NMW legislation that came into force on 1st October 2020, and
wrote to employers in the maritime sector, asking them to check that they are paying
all their workers the correct minimum wage and pointing them to available guidance.</p><p>
</p><p>HMRC have also produced multi-lingual leaflets for seafarers, to raise awareness
about their entitlement to NMW and routes of redress and distributed these via the
National Union of Rail, Maritime and Transport Workers (RMT) and Nautilus International
union.</p>
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