Just because the contract states they are a salaried worker is not sufficient for national minimum wage purposes, you need to confirm all the following conditions apply:
1. they are under a contract to do salaried-hours work.
2. they are paid under their contract for a set basic number of hours in a year - salaried hours workers' contracts might not stats the basic number of hours as an annual figure, but it must be possible to work this out. (Where a contract specifies "at least 40 hours per week", then it is not possible to ascertain the exact number of basic hours and the worker will not be performing salaried hours work.)
3. they are entitled under their contract to an annual salary for those hours.
4.they are paid in equal weekly or monthly instalments - e.g. 12 monthly or 52 weekly instalments - where a contract specifies that a worker is paid their salary in any other pattern, for example, every 4 weeks, per term for 3 each year or per fortnight then salaried hours work is not appropriate.
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