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Agricultural Minimum Wage

If you are employed in agriculture you are entitled to be paid at least the Agricultural Minimum Wage (AMW) rate for your grade.

If the National Minimum Wage rates are higher than the Agricultural Minimum Wage, you should be paid at least the National Minimum Wage rate.

• The National Minimum Wage rates

For guidance on what counts as work, please read the 'Working time limits (the 48-hour week)' article.

• Working time limits (the 48-hour week)

Overtime rates

All agricultural workers are entitled to be paid overtime. You should be paid overtime if you work:

• more than 39 basic hours in any week
• more than eight hours in any day
• any hours over the normal working hours in your employment contract
• on a public holiday
• on a day your employer gives you off on top of your basic holiday entitlement (eg an annual holiday)

If your employment contract started before 1 October 2006, overtime also includes any work either:

• on a Sunday
• done on a Monday before the time you would normally start work, if you worked on the previous Sunday and continued working into Monday

For example: your employment contract started before 1 October 2006 and you normally start work at 3.00 pm on a Monday. If you work from 11.00 pm on Sunday to 2.00 am on Monday, you would be entitled to overtime pay for all of that period.

The minimum overtime rate you should be paid depends on your grade. If you are a trainee, you should look at which grade your qualifications, duties and responsibilities most closely match.

• Agricultural worker categories and grades

Workers grades one to six

The weekly AMW rates apply if your employment contract says you should work 39 basic hours a week (not including overtime).

The hourly rate applies if your employment contract requires says you should work less that 39 basic hours each week.

Check your employment contract to see if your employer offers you better pay rates than the minimum.

Full-time and part-time flexible workers

The following rates only apply to agreements entered into before 30 September 2009.

Weekly rates apply if you are a full-time flexible worker contracted to work 39 basic hours per week. This can be averaged over a two or three week period.

If you are a part-time flexible worker, the hourly rates apply to the basic hours you work.

The overtime rates apply to all overtime hours you work.

Apprentices

If you are an apprentice, you should be paid at least the Agricultural Minimum Wage in your first and second years. In your third year and above you should be paid the Agricultural Minimum Wage rate for a grade two standard worker.

Apprentices are also entitled to be paid:

• overtime rates
• night work rates
• holiday pay
• birth and adoption grants
• dog allowance
• Agricultural Wages Sick Pay (after you have been continuously employed for at least 52 weeks)

Night work rates

Your employer must pay you the night work rate for any work done between 7.00 pm and 6.00 am.

If you work at night, you are entitled to be paid £1.25 per hour more than your basic pay rate.

• Working at night

Standby duty allowance

You should be paid standby duty allowance if you have agreed with your employer that you will either:

• be contactable and able to get into work within an agreed time (eg available within one hour of being called)
• wait at or near your home until your employer decides if you are needed

If you have to work when you are on standby duty, you should be paid either:

• £12.68 in addition to your basic pay for each part of a day
• £25.36 for a full day
• the appropriate overtime rate for the hours you actually worked

You should be paid whichever is the highest amount.

Dog allowance

If your employer needs you to keep one or more dogs for your job, you are entitled to an additional £7.01 per week per dog.

Bad weather pay

You are entitled to be paid if bad weather or anything else prevents your employer from providing you with work. You should be paid for any hours your employment contract says you should have worked.

Piece work

If you are paid by the tasks you do you are a ‘piece’ worker. For example, if you are paid per carton of picked fruit. Your piece work wage should not work out less than the Agricultural Minimum Wage (including overtime) for the hours you work.

Birth and adoption grants

All workers are entitled to receive a birth grant from their employer on the birth of their child, or an adoption grant on the adoption of a child. To qualify for this grant you must:

• be the child's parent or adoptive parent
• give your employer a copy of the child's birth certificate or Adoption Order within three months of the child's birth or adoption

The birth grant and the adoption grant are £60.00 for each child. If both parents work for the same employer, you are both entitled to receive the grant. Your employer should pay this to you on the next payday after the week you made your request.

Where to get help

If you need further advice on your rights as an agricultural worker you can contact the Pay and Work Rights Helpline, or complete their online enquiry form.

• Pay and Work Rights Helpline

If feel you are not being paid at least the AMW you should speak to your employer and try to resolve the problem informally. It could be a miscalculation or misunderstanding.

Resolving problems at work

If you cannot resolve the problem with your employer, you could make a complaint to Defra (the Department for Environment, Food and Rural Affairs) using Form 54.

• Download 'Agricultural Wages Complaint Form 54' from the Defra website (PDF, 68K) Opens new window

• Download guidance notes to using Agricultural Wage Complaint Form 54 from the Defra website (PDF 36K) Opens new window

• Help with PDF files