The Agricultural Wages (Scotland) Order (No. 72) 2025

Part 8- Minimum Wages for Workers Employed Under a Stable Income Arrangement

Application of Part 8

30.—(1) This Part applies in relation to the employment of a worker employed on the basis of a stable income arrangement.

(2) In this Part of this Order, unless the context otherwise requires–

“pay period” means the daily, weekly, monthly or other period of time within the time covered by the stable income arrangement over which wages will accrue under the contract of employment, and at the end of which such wages shall become payable to the worker;

“plain time rate” means the rate of wage per hour payable under the contract of employment in respect of any hour for which wages are payable, other than overtime hours;

“overtime rate” means the rate of wage per hour payable under the contract of employment in respect of any hour for which wages are payable as overtime hours.

Work under a stable income arrangement

31.—(1) A worker is employed on the basis of a stable income arrangement where

(a)the worker’s contract of employment satisfies the provisions of paragraph (2) below,

(b)the employer and the worker comply with the provisions of paragraph (3) below, and

(c)the employer and the worker agree in writing at the commencement of the contract that the provisions of this part shall apply.

(2) The employment is regulated by a contract of employment which

(a)is in writing;

(b)specifies the period to be covered by the stable income arrangement;

(c)specifies the total number of hours to be worked in respect of the period of the stable income arrangement at the plain time rate and separately at the overtime rate;

(d)specifies the total number of hours to be worked in respect of any pay period at the plain time rate and separately at the overtime rate, and the distribution of those hours throughout that pay period;

(e)specifies the plain time rate and the overtime rate;

(f)specifies the wages, including wages at the overtime rate, payable in respect of–

(i) the period of the stable income arrangement, and

(ii) any pay period;

(g)specifies the number of pay periods occurring within the period covered by the stable income arrangement;

(h)contains provision for hours worked to be recorded in accordance with article 28.

(3) The employer shall maintain records of all time worked by that worker for the purposes of article 28 and showing any time in respect of which any overtime rate of pay is payable to the worker.

Minimum wages

32.—(1) The plain time rate paid to a worker employed on the basis of a stable income arrangement shall be not less than the minimum hourly rate of wages to which the worker would be entitled as specified in Part 2.

(2) The overtime rate paid to a worker employed on the basis of a stable income arrangement shall be not less than the minimum hourly overtime rate of wages to which the worker would be entitled as specified in Part 3.

End of employment

33.—If a worker leaves their employment before the end of the agreement period they shall be paid for any hours which they have worked in excess of the hours for which they have been paid.

Matthew Cassidy
Secretary

Scottish Agricultural Wages Board
Saughton House Broomhouse Drive
Edinburgh
EH11 3XD

13 January 2025