Article 35 Holiday pay
An agricultural worker is entitled to be remunerated in respect of each day of annual leave taken by them based on the agricultural worker’s normal weekly pay.
The amount of holiday pay to which an agricultural worker is entitled under paragraph (1) is to be determined in accordance with regulation 16 or 16A of the Working Time Regulations 1998f1.
Agricultural workers who are irregular hours workers or part-year workers may have their holiday pay paid by way of a percentage uplift to the agricultural worker’s remuneration. The percentage applicable for calculating the uplift is determined in accordance with article 32(5).
In this article, “normal weekly pay” means—
payments, including commission payments, which are intrinsically linked to the performance of tasks which an agricultural worker is obliged to carry out under the terms of their contract;
payments for professional or personal status relating to length of service, seniority or professional qualifications;
other payments, such as overtime payments, which have been regularly paid to an agricultural worker in the 52 weeks preceding the calculation date.
Annotations
Footnotes
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S.I. 1998/1833. Regulation 16 was amended by S.I. 2014/3322, S.I. 2018/1378 and S.I. 2023/1426. Regulation 16A was inserted by the Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023 (S.I. 2023/1426).