Agricultural Wages

The Agricultural Wages (Regulation) (Northern Ireland) Order 1977 provides for the establishment of an Agricultural Wages Board for Northern Ireland. Agriculture includes horticulture, fruit growing, dairy farming and livestock breeding, use of land as grazing land, meadow land, market gardens, woodlands where that use is ancillary to farming. The Order is subject to and without prejudice to the National Minimum Wage Act.

The Order establishes an Agricultural Wages Board for Northern Ireland. The Board consists of three members appointed by the Head of Department, six members representative of agricultural sector employers and appointed by prescribed organisations, and six members representative of employees in agriculture and appointed by representative or prescribed organisations.

The Board is to fix the minimum rates of wages for workers employed in agriculture for time work and also, if it considers necessary or expedient, fix minimum rates of wages for workers employed in agriculture for piece work.

Minimum rates may be fixed so as to apply universally to all workers in agriculture, or to special classes or in a special area, or a special class within a special area. It may be prescribed subject to exceptions which may be made by the Board for employment of a special character.

The Board fixes benefits or advantages which are reckoned as payment of wages for the purpose of the minimum rate.

In setting a minimum rate, the Board is to have regard to the economic position of agriculture in the area to which the minimum rate applies. It is to secure, insofar as practicable, for able-bodied men such wages in the opinion of the Board as are radical to promote efficiency and enable a man in an ordinary case to maintain himself and his family in accordance with such conditions of comfort as may be reasonable in relation to his occupation.

The minimum rate can be cancelled or varied. Procedures apply to the cancellation of the rate.

If the rates fixed drop below the national minimum wage, the Board is deemed to have made an Order replacing the minimum rate as the national minimum wage.

The minimum rates of wages for employees in agriculture may include minimum rates for periods when the employee is absent due to sickness or injury.

There is a procedure for complaints in relation to inadequate payment for piece work or where no minimum piece rate has been fixed. Employees or persons authorised by them may complain to the Board that the piece rate of wages paid for that work is such a rate as would yield, in circumstances of the case, to an ordinary worker a lesser amount than the minimum rate for time work applicable to that type of worker. The Board is to give employers an opportunity to make representations and make a determination within 14 days.

Employees in agriculture are to be allowed holidays of such duration as are specified by a Board’s direction. The holiday pay may only be ordered in respect of an employee in respect of whom a Minimum Rate of Wage Order is fixed under the legislation.

The Board is, insofar as reasonably practicable, to secure a weekly half-holiday for workers. It is to ensure the entitlement of the employee to holidays is, on the whole, not less favourable than under previous Agricultural legislation.

An employee who is entitled to be allowed a holiday is to receive remuneration in respect of that holiday, and the powers of the Board with respect to fixing minimum rates shall, without prejudice, include power to fix a separate minimum rate by way of holiday remuneration and to make provision with respect to times and conditions subject to which holiday remuneration shall accrue and become payable.

The provisions of enforcement in the National Minimum Wage Act 1998 apply in respect of the Order.

Employers who fail to pay the wage required under the legislation are guilty of an offence. They are liable on summary conviction to a fine not exceeding level 2 and the standard scale and a continuing fine.

Regulations may provide the general principles upon which the Board shall determine the value of benefits and advantages which may be reckoned as wages; prescribe the procedure in connection with applications and complaints; and prescribe other matters as may be.

The Department may appoint officers for the purposes of enforcement of the legislation. Officers have powers to require the production of records, enter premises, and require employers and others to give information. It is an offence to obstruct an officer in the course of his functions.