Seasonal Agricultural Workers Scheme

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Wages for all employees in the agricultural industry is governed by the lows in force in agriculture . There are various regulations applicable in different geographical regions of the United Kingdom.

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Wages

The wages paid to all workers in the agricultural industry are subject to legislation set out in the Agricultural Wages Board Orders (AWBO) that are currently in force. There are different Orders in force in different geographic regions of the UK.

Bank Accounts

It is normal for the employer to pay the total amount earned either as a banker’s cheque or an International Money Order. This is for security reasons as it is unsafe for participants to travel home with a large amount of currency without insurance. Alternatively, wages may be transferred to your home bank account. This may carry a commission charge and it is therefore recommended that transfers be made periodically through the season rather than weekly. HOPS advises that all participants open a bank account prior to their departure for the UK. Please ensure that the bank in which you open the account has a SWIFT code.

Pay slips

Every participant will be issued with a pay slip when they are paid. It is very important that participants keep all pay slips issued to them, as evidence of their earnings should there be any disagreements in relation to wages. HOPS takes accusation of underpayment very seriously, however HOPS cannot take any action without documentary evidence.

Deductions from wages and other charges

Participants of the SAWS should expect some deductions to be made from their wages. These may include any of the following:

National Insurance - ALL participants on the SAWS will be required to make National Insurance Contributions. There will be NO exceptions.
Income Tax - Full time students will be exempt from PAYE and will need to complete a P38(s) tax form upon arrival at the farm. Non-students will not be PAYE exempt and will have to pay PAYE from the day that they start work in the UK. Full details regarding National Insurance and Income Tax will accompany the Workcard
Charge for accommodation. This is usually deducted on a weekly basis and will be recorded on the payslip.
Deposit – Most farmers and growers providing on-farm accommodation will require participants to pay a deposit against damage to the accommodation and facilities. Deposits are returned to the participant when they leave the farm providing no damage is done and the accommodation is left in a clean condition.
Each farm will write to participants with full details of all deductions before they travel to UK.

LENGTH OF TIME A PARTICIPANT CAN EXPECT TO WORK ON A FARM AND REMAIN IN THE UK

The maximum period of time a SAWS participant can remain in the UK is 6 months (26 weeks).

The minimum period of time a participant can come to the UK under the SAWS is 12 weeks.

SAWS - Right to Work will be granted for the same dates as those recorded on the SAWS Workcard. Any participant wishing to extend his or her stay up to a maximum of 6 months is able to do so, providing work is available.

The average period of time that work is available for participants is 22-24 weeks. Most jobs are available for up to 6 months.

It is sometimes planned that applicants have 2 work placements in succession.

It is very important that participants stay working on the farms for the whole time that the farmers have requested. Participants who leave their work placements early when work is still available will not be invited to participate in the SAWS again.

HEALTH & SAFETY

The employer has a prime responsibility to ensure all employees are safe without threat to their health when working. The employer has a duty to ensure all employees are trained in safe working practices.

Training is provided on farm as part of the induction programme.

WORKING TIME REGULATIONS

The Working Time Regulations implement the European Working Time Directive. The basic rights and protections that the regulations provide are:

A limit of an average of 48 hours a week which a worker can be required to work. An individual worker may agree to work more than 48 hours a week. If so, he or she should sign an opt-out agreement, which they can cancel.
Employers must record their working hours including when on piecework.
Employers cannot force a worker to sign an opt-out. Any opt-out must be agreed to. Workers cannot be dismissed or subjected to detriment for refusing to sign an opt-out.
Employers must keep a record of who has agreed to work longer hours.
It is unlikely that many workers will be offered more than an average of 48 hours work in a week.
A right to 11 hours rest a day.
A right to a day off each week.
A right to an in-work rest break if the working day is longer than five and half hours (rest break of at least 30 minutes). Rest breaks are not counted as working time and workers do not have to be paid during rest breaks. Employers must make sure workers can take their rest breaks, but are not required to make sure that they do take their rest breaks.
A right to four weeks paid leave per year – based on the worker being employed for a 12-month period – workers are entitled to holiday on a pro-rata basis. For example an employee who works for 3 months is entitled to 3/12ths of 23 days = 5.75 days.
Further information is available from the Employment Relations page of the DTI Website www.dti.gov.uk/er/ or ACAS 08457 47 47 47.