This twenty-sixth edition of the Guide incorporates the new pay rates and other changes introduced with effect from Friday, April 1, 2022. The Order contains important definitions of commonly used terms and explains certain other features of the Order. The holiday entitlement as set out in Part 4 of the Order complies with the provisions of the Working Time Regulations (WTR).
There is no provision for payment in lieu of any part of these 5.6 weeks if it is untaken by the end of the holiday year. If a worker's employment is terminated, they will be entitled to payment in lieu of all holidays to which they are due, calculated up to the date of termination of employment. If pay varies with the amount of work performed in normal working hours (ie the number of hours in a working week does not vary), a week's pay is the average hourly pay in respect of the previous 52 weeks.
If an employee has to appear on one of the two special holidays, different arrangements apply. If an employee has not taken all the vacation days to which he is entitled upon termination of his employment, that employee is liable to pay compensation for the days not taken. If such an agreement cannot be reached, the employer may give the employee 21 days' notice of the date(s) on which the holiday can be taken.
The employer will allow the holiday to be taken before the end of the holiday year or before the employee leaves work, whichever date is the earliest.
Absences Due to Ill-Health (Part 5)
Note: When calculating sick leave, only contractual working days are taken into account - holidays and non-working days are excluded.). Example: For a worker with more than 52 weeks of continuous employment who is entitled to an additional amount, the contract works 39 hours a week over five days. Statutory Sick Pay Scheme (SSP) is paid for a maximum of 28 weeks in any period of sickness, employers should be aware that from time to time there may be an obligation to continue paying SSP, even if the employee is entitled to sick pay under Article 16 -19 inclusive Order is exhausted.
Benefits (Part 6)
Miscellaneous Conditions (Part 7)
The employer and employee may agree that no training is required, but both parties may insist on attending training courses of up to two days per year. The Order obviously does not prevent employers and employees from agreeing that more than two days of training must be provided per year. If it is necessary for an employee to keep and feed a dog (or dogs) to enable them to do their work, he/she must be paid an amount of not less than £7.01 for each dog are paid per week, with a maximum of 4 dogs.
It is the employer's responsibility to ensure that an employee is provided with the weather protective clothing they need to perform their job. This means that, where required, the employer must provide Wellington boots and PVC coats, leggings and gloves. It is the employer's responsibility to repair or replace clothing that is no longer fit for use.
However, it is the worker's responsibility to repair or replace any item that he has damaged or lost as a result of his own negligence or the worker's fault. The employer must provide the worker with a time sheet in which he can record the hours worked each day. There will be no requirement to keep time sheets if the employer uses an automatic system, such as a clock, to record hours worked.
Examples of two types of timesheets (one covering a week and the other covering a month) are shown in Appendix 1. Other styles may be used as long as they can provide all the necessary information. This generally means that all normal hours worked must be paid at the end of the week or month, or whatever the normal pay period is. Where an employee is contracted to work different hours from week to week, or where variable levels of overtime are worked, the employer is not permitted to average payments over two or more pay periods, unless the employment is covered by the collective bargaining agreement. sustainable income (sia ).
The other elements of the payment must be paid as soon as possible after sufficient information is available to calculate it. Workers contracted to work under the SIA must be paid at the intervals specified in the contract. Hours may be shown either as a single total or broken down into separate figures for different types of work or different types of wages.
Stable Income Arrangement (SIA)
52 weeks of 39 hours per week plus periods of overtime likely to be worked by a 'tractor'. The worker, in turn, must complete time sheets to record the hours worked. Completed timesheets will have to be maintained by the employer for a period of not less than three years.
The right to holiday, absence due to ill health and the other conditions of the Order apply to those on SIA, just as they do to workers paid under Parts 2 and 3 of the Order. The pay period conditions under which a worker is employed need not changed if payment according to the SIA method is in place. It will be an agreement between employee and employer on when wages must be paid.
The installments must be calculated and paid over the entire period of service, including holiday periods.
Working Time Regulations 1998
Explanatory Notes
Written statement of terms and conditions must be given to workers as well as employees. Most written information must be provided in a single document on or before the first day of work. There are exceptions for specified conditions regarding pension, collective agreement, right to education and certain information about disciplinary and grievance proceedings, which must be provided no later than 2 months after the start of employment.
For the purposes of the training courses provided for in Article 24 of the Order, Lantra NTO will provide training certificates at the end of the course for a standard fee. It is recommended that the employee retain the certificate(s) obtained upon completion of the training course to provide prospective employers with a comprehensive record of the training. The Advisory Conciliation and Arbitration Service (ACAS) publishes information on employment codes of practice such as dismissal, contracts, bullying, harassment, rest breaks, working time regulations and earned leave.
CERTIFICATE OF ATTENDANCE This is to certify that
Members of the Scottish Agricultural Wages Board
