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Who We Are and What We Do
Welcome to the Reports on the Scottish Agricultural Wages Board ( SAWB) covering the period 1 April 2005 to 31 March 2007. The SAWB is an Executive Non-Departmental Public Body set up under the Agricultural Wages (Scotland) Act 1949.
The Board's statutory remit enables it to make Orders fixing minimum wage rates, holiday entitlement and other terms and conditions of service for workers employed in agriculture having considered pay claims and proposed changes to other conditions of employment for agricultural workers submitted by representatives. Similar Boards operate for England and Wales and for Northern Ireland. The Board's Orders are legally enforceable and the Scottish Executive Environment and Rural Affairs Department ( SEERAD) has a duty to investigate complaints about non-compliance with the Orders. The Department also carries out random test inspections on agricultural holdings to ensure compliance with the Order and pursues recovery of arrears on behalf of workers.
The SAWB comprises 5 Independent members (one of whom is chairperson) appointed by Scottish Ministers; 6 members representing workers' interests nominated by T&G Scotland; and 6 members representing employers' interests nominated by NFU Scotland and the Scottish Rural Property and Business Association. Details of the Board Membership are listed at
Annex 1.
Ad Hoc Committee
The 1949 Act also enables the Board to appoint one or more committees from within its ranks. In practice, one such " ad hoc" committee is normally appointed on an annual basis to consider issues remitted to it by the Board and to report back to the Board with recommendations. The committee is chaired by an Independent member and otherwise comprises equal representation from the Employers' and Workers' Sides.
Appointment to the Board
There are 2 distinct elements to Board appointments. One for the Independent members who are appointed by Scottish Ministers in accordance with the Commissioner for Public Appointments in Scotland's Code of Practice and the other for Representative members who are nominated to serve on the Board by their respective Sides. The term of office for an Independent member is 3 years with the possibility of re-appointment. Representative members are also appointed in the first instance for 3 years and can be nominated for re-appointment as often as their respective Sides wish, subject to Scottish Ministers agreeing their suitability to serve on the Board.
Role of the Independent Members
The main role of the Independent members is to assist workers' and employers' representatives to reach fair and reasonable settlements on matters relating to relevant terms and conditions of service for agricultural workers.
Meetings
The Board met on 6 days between 1 April 2005 - 31 March 2007 to consider wages and other conditions of employment for agricultural workers.
General Arrangements
The table below sets out the main provisions under agricultural wages legislation and the corresponding provisions under general employment law, including the National Minimum Wage and Working Time measures.
Measure | Provisions for Agricultural Workers from 1 January 2006 | Provisions for Agricultural Workers from 1 January 2007 | Provisions for Other Workers covered by general employment law |
Age from which Minimum wage controls apply | under 16 | Above compulsory school age | NMW provisions16 since October2004 |
Age from which adult rate applies | 19 | Age related pay differentials removed | 22 |
Range of minimum wage rates | £5.05 in first 10 weeks of employment and £5.46 thereafter | £5.35 in first 26 weeks of employment and £5.70 thereafter | £4.45 to £5.35 |
Stable Income Arrangement | Voluntary option of paying wages in equal instalments for each pay period regardless of the number of hours worked in each pay period | Voluntary option of paying wages in equal instalments for each pay period regardless of the number of hours worked in each pay period | None |
Working hours to which minimum rates apply | All hours, with higher minimum rates for overtime (anything over 8 hours a day or 39 hours a week) | All hours, with higher minimum rates for overtime (anything over 8 hours a day or 39 hours a week) | All hours, but one minimum rate applies throughout |
Factors leading to higher minimum rates | Additional sum of at least £0.82 per hour payable on basic hours for appropriate qualification | Additional sum of at least £0.86 per hour payable on basic hours for appropriate qualification | None |
Entitlement to paid holidays | 5 weeks plus 4 special days designated in the Order | 5 weeks plus 4 special days designated in the Order | 4 weeks |
Level of holiday pay | Pay in accordance with Employment Rights Act 1996 | Pay in accordance with Employment Rights Act 1996 | Pay in accordance with Employment Rights Act 1996 |
Entitlement to paid sick leave and level of sick pay received | 13 weeks on full pay after 1 year's continuous after 1 year's continuous employment thereafter Statutory Sick Pay ( SSP) applies | 13 weeks on full pay employment thereafter Statutory Sick Pay ( SSP) applies | SSP applies |
Paternity/Adoption leave | Paternity and Adoption Regulations 2002 apply | Paternity and Adoption Regulations 2002 apply | Paternity and Adoption Regulations 2002 apply |
Bereavement leave | As for Other Workers plus 3 days paid bereavement leave | As for Other Workers plus 3 days paid bereavement leave | Right to unpaid time off to make arrangements |
Value of Benefits | Maximum deduction from pay of £1.00 per week for tied cottage | Maximum deduction from pay of £1.00 per week for tied cottage | Maximum deduction from pay of £26.25 per week for accommodation |
Standby at home | Payment of not less than the agricultural minimum hourly rate | Payment of not less than the agricultural minimum hourly rate | None |
Working Dogs | Weekly allowances of £4.15 for each dog, up to a maximum of 4 dogs | Weekly allowances of £4.33 for each dog, up to a maximum of 4 dogs | None |
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