Payment for Training & Study
Prescribed Courses of Study or Training
A course of study or training that satisfies the following criteria is a prescribed course of study or training for the purposes of the National Minimum Wage Act 2000.
- The employee’s participation in the course is directed or approved by the employer.
- The duration of the course is for a minimum period of 3 calendar months.
- Subject to number 4, the course takes place during the normal working hours of the employee.
- The course includes workplace training and also must involve at least 10% of directed training or study i.e. away from ordinary operational work, which may be within or outside of normal working hours.
- Any fees concerned with the employee’s participation in the course which is directed by the employer, are paid by the employer.
- The course enables the acquisition of skills and/or knowledge expected to enhance the work performance of the employee at the end of the course.
- The course involves supervision of the employee during workplace training.
- The course includes a system of recording the progress and results of the employee. Such records must be retained by the employer for 3 years after the end of the employee’s participation in the course.
- The course includes an assessment and certification procedure, or written confirmation of the employee’s completion of the course identifying the level of employee attainment against the objectives, which must include the employee’s signature.
- The course is the subject of a pre-existing written document or documents detailing the following information:
- Its title and purpose;
- Its objectives;
- An outline plan of duration and approach;
- The record system to apply;
- The assessment and certification procedure;
- Advice by the employer of any facilities, including any time-off, to be given to the employee during the period of the employee’s participation in the course to enable the employee to successfully complete the course, and any changes to the employee’s working arrangements during the period of the employee’s participation in the course.