The Scottish Government

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3. Rates of Pay ( Parts 2 and 3)

Who gets paid what? ( Articles 5 and 6)

• There are 2 rates of pay. One is for workers who have been with their present employer for not more than 26 weeks and the other for workers who have been with their present employer for more than 26 weeks.
• It is important to note that these hourly rates apply equally to full-time workers, part-time workers, students, workers on piece work, etc. They also apply equally no matter what type of work is done.
• If an employer wishes to pay more to a worker employed on particular duties, then he can do so. What he cannot do is pay less than the minimum rates set out in the Order.
• The minimum hourly rates of pay are as follows:

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 Scottish (or National) Vocational Qualification in an agricultural subject at Level III or above are entitled to be paid an additional sum of at least £0.86 per hour from 1 January 2007.
• This additional sum is also payable to workers who hold an apprenticeship certificate approved by ATB Landbase (now known as LANTRA), after the worker has been with the same employer for more than 26 weeks.
  
  For more information contact LANTRA Scotland, Newlands, Scone, Perth PH2 6NL, tel no. 01738 553311, fax 01738 553322 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 £0.86 per hour from 1 January 2007.
• 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)

• 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, ie 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 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). The minimum hourly overtime rates are as follows:

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