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 set up under the Agricultural Wages (Scotland) Act 1949. The SAWB exists to set minimum rates of pay and other conditions of service for agricultural workers in Scotland.

The SAWB meets twice a year in order to determine the minimum gross wages payable to agricultural workers and to set conditions for holiday and sick pay entitlement. NFU Scotland has five representatives on the SAWB.

The current minimum rates of pay and other conditions and guidance for employees and employers are set out in the following .pdf documents and at this link http://www.gov.scot/Topics/farmingrural/Rural/business/18107 with the most important notes being:

Agricultural Wages as of 1 April 2017

  • A single minimum hourly rate of £7.50 for all agricultural workers, irrespective of age and duties. This is equal to the UK Government’s National Living Wage.
  • For workers during the first 26 weeks of employment overtime must be paid when a worker works for more than 8 hours on any day or for more than 48 hours in any week. The overtime rate of pay is £11.25.
  • For workers after 26 weeks’ continuous employment overtime must be paid when a worker works for more than 8 hours on any day or for more than 39 hours in any week. The overtime rate of pay is £11.25.
  • An hourly rate of £4.40 (increase of 38p/hr) for workers who undertake a Level 2 Modern Apprenticeship in Agriculture or Horticulture for the first 12 months.
  • An additional sum of not less than £1.14 per hour is payable to those workers continuously employed for more than 26 weeks with the same employer who hold a Scottish or National Vocational Qualification in an agricultural/horticultural subject at Level III or above; an apprenticeship certificate approved by Lantra Awards (formerly ATB Landbase); or a certificate of acquired experience issued by ATB Landbase, NTO. (increase of 4p/hr).
  • An additional allowance of £5.60 per working dog (increase of 11p/dog) up to a maximum of 4 dogs.
  • An increase in the daily rate of the accommodation offset for accommodation other than a house to £6 (an increase of 65p/day).
  • 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.
  • 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.
  • Provisions regarding Stable Income Arrangement, Benefits and Bereavement Leave remain unchanged. Full details can be found in the Wages Order.

NOTES

1. The above minimum wage rates came into effect on 1 April 2017. The Order does not apply to any person of “school age” within the meaning of sections 31 and 33 of the Education (Scotland) Act 1980.

2. For the purpose of the above rates the hours of work shall not include meal times but shall include any time during which by reason of weather conditions or otherwise, an employer has prevented a worker who was available for work, from working.

3. From 1 April 2017, the cap on deductions for accommodation other than a house will be £6.00.


Agricultural Wages as of 1 April 2017

  • A single minimum hourly rate of £7.50 for all agricultural workers, irrespective of age and duties. This is equal to the UK Government’s National Living Wage.
  • For workers during the first 26 weeks of employment overtime must be paid when a worker works for more than 8 hours on any day or for more than 48 hours in any week. The overtime rate of pay is £11.25.
  • For workers after 26 weeks’ continuous employment overtime must be paid when a worker works for more than 8 hours on any day or for more than 39 hours in any week. The overtime rate of pay is £11.25.
  • An hourly rate of £4.40 (increase of 38p/hr) for workers who undertake a Level 2 Modern Apprenticeship in Agriculture or Horticulture for the first 12 months.
  • An additional sum of not less than £1.14 per hour is payable to those workers continuously employed for more than 26 weeks with the same employer who hold a Scottish or National Vocational Qualification in an agricultural/horticultural subject at Level III or above; an apprenticeship certificate approved by Lantra Awards (formerly ATB Landbase); or a certificate of acquired experience issued by ATB Landbase, NTO. (increase of 4p/hr).
  • An additional allowance of £5.60 per working dog (increase of 11p/dog) up to a maximum of 4 dogs.
  • An increase in the daily rate of the accommodation offset for accommodation other than a house to £6 (an increase of 65p/day).
  • 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.
  • 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.
  • Provisions regarding Stable Income Arrangement, Benefits and Bereavement Leave remain unchanged. Full details can be found in the Wages Order.

NOTES

  1. The above minimum wage rates came into effect on 1 April 2017. The Order does not apply to any person of “school age” within the meaning of sections 31 and 33 of the Education (Scotland) Act 1980.
  2. For the purpose of the above rates the hours of work shall not include meal times but shall include any time during which by reason of weather conditions or otherwise, an employer has prevented a worker who was available for work, from working.
  3. From 1 April 2017, the cap on deductions for accommodation other than a house will be £6.00.


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