Legislation and guidance

Please read this legislation together with the Agricultural Wages guidance.

An explanation of the employment status and rights of farmers (as employers) and agricultural workers. 

This guidance is a summary of the law in relation to the employment status of agricultural workers. You should take professional legal advice over specific matters.

The Agriculture Wages (Wales) Order 2023 defines terms and conditions of employment for agricultural workers.

The Order makes the following changes to the Agricultural Minimum Wage framework including:

• increases the minimum wage rates and allowances;
• includes agency workers and workers employed by gang masters who may not have a contract of service directly with the employer;
• amends the wording regarding annual leave year periods; and
• amends the calculation of holiday pay for workers with variable hours.

It also continues to provide pay protection for agricultural workers who would otherwise suffer a reduction in pay as a result of previous changes in the grading structure.

It came into force on 1 April 2023.

The Agriculture Wages (No. 2) (Wales) Order 2022 is replaced and revoked by the Agriculture Wages (Wales) Order 2023.

The Agriculture Wages (Wales) Order 2022 is replaced and revoked by the Agriculture Wages (No. 2) (Wales) Order 2022.

The Agriculture Wages (Wales) Order 2020 is replaced and revoked by the Agriculture Wages (Wales) Order 2022.

The Agriculture Wages (Wales) Order 2019 is replaced and revoked by the Agriculture Wages (Wales) Order 2020.

The Agriculture Wages (Wales) Order 2018 is replaced and revoked by the Agriculture Wages (Wales) Order 2019.

The Agriculture Wages (Wales) Order 2016 is replaced and revoked by the Agriculture Wages (Wales) Order 2017.

The Agricultural Advisory Panel for Wales (Establishment) Order 2016 establishes the panel as an independent advisory body to the Welsh Ministers.  The panel’s functions are to promote careers in agriculture, to prepare agricultural wages orders in draft, consult on such orders to submit them to the Welsh Ministers and to advise the Welsh Ministers on matters relating to the agricultural sector in Wales.

The Agriculture Sector (Wales) Act 2014 makes provisions for:

• the establishment of the Agricultural Advisory Panel for Wales
• the making of orders which set the terms and conditions for persons employed in agriculture in Wales ( agricultural workers) 
• the enforcement of such terms and conditions