- Latest available (Revised)
- Point in Time (01/01/2006)
- Original (As made)
Point in time view as at 01/01/2006.
Agricultural Wages (Regulation) (Northern Ireland) Order 1977, Section 8 is up to date with all changes known to be in force on or before 26 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
8.—(1) Workers employed in agriculture shall be entitled to be allowed by their employers holidays of such duration as may be specified in a direction of the Board.
(2) A direction under this Article that a worker shall be entitled to be allowed a holiday of any duration—
(a)shall not be made unless the minimum rate of wages to be paid in respect of the period of the holiday has been or is being fixed under this Order for the worker;
(b)where the holiday is specified otherwise than in pursuance of paragraph (3) and otherwise than by reference to a particular day or days, shall provide for the duration of the holiday's being related to the duration (as defined by order of the Board) of the period for which the worker has been employed or engaged to be employed by the employer who is to allow the holiday; and
(c)subject to sub-paragraphs ( a) and ( b), may make provision as to the times at which or the periods within which, and the circumstances in which, the holiday shall be allowed.
(3) In the exercise of its powers under this Article the Board shall—
(a)so far as is reasonably practicable, secure a weekly half-holiday for workers;
(b)ensure that the entitlement of a worker to holidays by virtue of a direction of the Board under this Article is on the whole not less favourable than his entitlement to holidays would have been if Part I of the Schedule to the Agricultural Wages (Regulation) Act (Northern Ireland) 1939 [1939 c.25] and the Agricultural Worker's Holidays Act (Northern Ireland) 1956 [1956 c.3] had not been repealed by the Agriculture (Miscellaneous Provisions) Act (Northern Ireland) 1967 [1967 c.15] .
(4) If any employer who is by virtue of this Article required to allow to a worker a holiday of any duration fails to allow to him a holiday of that duration, the employer shall be guilty of an offence and shall be liable on summary conviction in respect of each such offence to a fine not exceeding[F1 level 2 on the standard scale]F1.
(5) Any worker who is, by virtue of this Article, entitled to be allowed a holiday shall receive remuneration in respect of the period of that holiday (in this Order referred to as “holiday remuneration”), and the powers of the Board with respect to the fixing of minimum rates of wages shall, without prejudice to any other power exercisable by the Board in that behalf, include power—
(a)to fix separate minimum rates of wages by way of holiday remuneration;
(b)to make provision—
(i)with respect to the times at which, and the conditions subject to which, holiday remuneration shall accrue and shall become payable; and
(ii)for securing that any holiday remuneration which has accrued to a worker during his employment by an employer shall, in the event of his ceasing to be employed by that employer before he becomes entitled to be allowed a holiday by him, nevertheless become payable by the employer to the worker.
(6) Without prejudice to Article 14, the provisions of this Order and of any regulations made thereunder relating to the fixing, cancelling and varying of minimum rates of wages and to the making and enforcement of orders for those purposes shall apply in relation to holidays as well as to holiday remuneration as they apply in relation to such rates.
F11984 NI 3
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: