About Wages Order No. 64

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About Wages Order No. 64

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When does the new Order come into effect?

  • The Order will be effective from Saturday, 1 April 2017.
  • The rates of pay which come into effect on 1 April 2017 are compatible with NMW and NLW requirements where necessary.

Key Features

  • A minimum hourly rate of £7.50 for all workers.
  • A minimum hourly rate of £4.40 for workers who undertake a Level 2 Modern Apprenticeship in Agriculture/Horticulture.
  • The dog allowance to be increased to £5.60 per week for each dog up to a maximum of 4.
  • The additional sum payable to workers with appropriate qualifications will increase to £1.14 per hour
  • The daily rate of the accommodation off-set for accommodation other than a house is £6.00.
  • The minimum hourly rate of £11.25 for overtime for all workers. Please see qualifying criteria for overtime on page 4.

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.
  • The minimum hourly rate of pay is as follows:
  • From 1 April 2017 employees who have been continuously employed by the same employer for up to 12 months and who have agreed as part of the terms of their contract of employment to study a Level 2 Modern Apprenticeship in Agriculture/Horticulture, are entitled to be paid £4.40 per hour for the first 12 months. Thereafter the minimum
    hourly rate will be £7.50 until 31 March 2018.

What about workers who have qualifications? (Article 7)

  • Workers who have been with the same employer for more than 26 weeks, and 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 £1.14 per hour from 1 April 2017.
  • 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, after the worker has been with the same employer for more than 26 weeks.
  • For more information contact Lantra Scotland, Inveralmond Business Centre, Auld Bond Road, Perth PH1 3FX, tel no. 01738 646762 or e-mail lantra.scotland@lantra.co.uk.

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 £1.14 per hour from 1 April 2017.
  • 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 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 next week, but not both.

Over 26 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 (the additional sum explained above does not form any part of the calculation; neither need it be paid in addition to the overtime rate).