agricultrual wages orders

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Agricultural Holdings Brexit Crofting Crops Dairy Environment & Land Use Food Supply Chain Legal Livestock Pigs and PoultrySupport Payments & Grants

The Scottish Agricultural Wages Board (SAWB) is an Executive Non-departmental Public Body established under the Agricultural Wages (Scotland) Act 1949 for the purpose of setting minimum wages and other conditions of service for agricultural workers.

Membership of the SAWB consists of 5 independent members who hear from representatives for employees and employers and each year to review changes to the existing Order. There are 5 representatives from NFU Scotland and 1 representative from Scottish Land & Estates on the employer’s side. The Board meet twice a year to make changes to the Agricultural Wages (Scotland) Order.

The Agricultural Wages (Scotland) Order (No.68) 2021 and Guide are available here: https://www.gov.scot/publications/agricultural-wages-scotland-twenty-fifth-edition-guide-workers-employers/

The most important notes include:


Agricultural Wages as of 1 April 2021


Minimum Wages

  • A single minimum hourly rate of £8.91 for all agricultural workers, irrespective of age and duties.
  • The minimum hourly rate of agricultural apprentices who undertake a SCQF Level 4 or 5 Modern Apprenticeship in Agriculture, Horticulture or equivalent qualification; are aged under 19; or are 19 and over and in their first year of apprenticeship, will be £5.58. 
  • Apprentices who are aged 19 and over and has completed at least one year of their apprenticeship will receive a minimum hourly rate on £8.91.
  • An additional sum of no less than £1.32 is payable to workers who hold applicable qualifications, these qualifications include:

a.    Scottish or National Vocational Qualification in an agricultural subject at SCQF Level 6 or above, or
b.    an apprenticeship certificate approved by Lantra, (formerly ATB Landbase), or a certificate of acquired experience issued by ATB Landbase.


Overtime

  • For workers during the first 26 weeks of employment, overtime must be paid when a worker works for more than 8 hours in any day or more than 48 hours in any week. The minimum hourly overtime rate is £13.37 for all workers.
  • For workers who have worked form more than 26 weeks continuously with the same employer, overtime must be paid when a worker has completed more than 8-hours a day or more than 39-hours a week. The minimum hourly overtime rate is £13.37 for all workers.
  • Details about how to calculate overtime rates are provided in Part 3 of the Order.


Holidays

  • The terms and conditions relative to Holidays with Pay and Special Holidays for all agricultural workers are prescribed in Part 4 (Articles 10-15) of the Order.
  • The holiday provisions comply with the terms of the Working Time Regulations of 1998 as amended by the Working Time (Amendment) Regulations 2001.


Absence Due to Ill Health

  • The terms and conditions relative to Sick Pay Entitlement for those agricultural workers who have been continuously employed by the same employer for at least 52 weeks are prescribed in Part 5 (Articles 16-19) of the Order.


Benefits

  • The daily rate of the accommodation off-set for accommodation other than a house cannot exceed £8.36.
  • The accommodation offset for the provision of a house remains at £1 per week.


Miscellaneous Conditions

  • The dog allowance is £6.57 per week for each dog up to a maximum of four dogs.


Other Conditions

  • Provisions regarding Stable Income Arrangement, Benefits and Bereavement Leave remain unchanged and full details are available in the Wages Order.


Notes

  1. This Order is cited as the Agricultural Wages (Scotland) Order (No.68) 2021 and takes effect on Wednesday 1 April 2021.
  2. The Order applied to all agricultural workers but does not apply to any person of “school age” within the meaning of sections 31 and 33 of the Education (Scotland) Act 1980. 
  3. For the purpose of the above rates, the hours of work shall not include mealtimes, but shall include any time during which an employer has prevented a worker who is available to work from working, for example due to weather conditions or otherwise.  
  4. The new Agricultural Wages (Scotland) Order (No.68) 2021 is available here.
  5. The Agricultural Wages in Scotland Guide (25th Edition) is available here.


More information about the SAWB is available here

A Business Guide Update outlining the changes to the Order is available here


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