3. Rates of Pay (Parts 2 and 3)
Who gets paid what? (Articles 5, 6 and 7)
- There is a single minimum hourly rate of pay for all agriculture workers.
- It is important to note that this hourly rate applies equally to full-time workers, part-time workers, students, workers on piece work, etc. The rate applies equally no matter what type of work is done.
- If an employer wishes to pay more to a worker employed on particular duties, then they can do so. What they cannot do is pay less than the minimum rate set out in the Order.
All Ages of Worker
Minimum Hourly Rate
- From 1 April 2020 employees who have agreed, as part of the terms of their contract of employment, to study an SCQF Level 4 and/or SCQF Level 5 or equivalent in Agriculture/Horticulture, shall be paid be paid £5.46 per hour for 18 months. This rate applies to apprentices under 19 years of age and those of 19 years or over in the first year of their apprenticeship.
Following this period the minimum hourly rate will be £8.72 until 31 March 2021.
What about workers who have qualifications? (Article 7)
- Workers who hold a qualification in an agricultural or production horticulture subject at SCQF 6/7 or above (this includes Scottish (or National) Vocational Qualification at Level 3, National Certificate, Higher National Certificate, Higher National Diploma) are entitled to be paid an additional sum of at least £1.29 per hour from 1 April 2020.
- A qualification in an agricultural or production horticulture subject above Level 3 (SCQF 6/7) must be relevant to the work being carried out.
- This additional sum is also payable to workers who hold a Level 3 (SCQF 6/7) Modern Apprenticeship certificate in agriculture or horticulture [production horticulture pathway only], issued by Lantra.
- For more information contact Lantra Scotland, Inveralmond Business Centre, Auld Bond Road, Perth PH1 3FX, tel no. 01738 310164 or e-mail email@example.com.
What about skilled workers who have no formal qualifications? (Article 7)
- Workers who hold a Certificate of Acquired Experience will also be entitled to be paid an additional sum of at least £1.29 per hour from 1 April 2020.
- Applications for the Certificate of Acquired Experience closed on 31 December 1997, although the Certificate remains valid beyond that date.
What payments are due for overtime working? (Article 8 and 9)
Up to 26 continuous weeks
- 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. Note that no overtime hour can be counted twice, i.e. either it is paid because it is in excess of 8 hours for the day or because it is in excess of 48 hours for the week, but not both.
Over 26 continuous weeks
- 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. Note that no overtime hour can be counted twice, i.e. either it is paid because it is in excess of 8 hours for the day or because it is in excess of 39 hours for the week, but not both.
- The minimum hourly rate of payment for overtime for both up to and over 26 weeks as detailed above is the minimum hourly rate of pay to which the worker is entitled multiplied by 1.5.