Agricultural Wages (Regulation) (Northern Ireland) Order 1977

Sick pay N.I.

5.—(1) The minimum rates of wages for workers employed in agriculture which the Board has power to fix under Article 4(1) may include minimum rates of wages for periods when a worker so employed is absent in consequence of sickness or injury, and may include them notwithstanding that under the contract of employment no remuneration is payable in respect of any such period.

(2) An order of the Board which fixes minimum rates of wages for periods when a worker is absent in consequence of sickness or injury—

(a) may treat a period of sickness or injury as being during the currency of employment notwithstanding that the contract of employment has terminated, but not where the contract of employment is terminated by notice given before the commencement of the sickness or the occurrence of the injury;

(b) may in any way limit the period or periods for which a minimum rate of wages is so fixed, and in particular may relate the period or periods to the duration of the period for which the worker has worked for the employer;

(c) may make the right to the minimum rate of wages depend on compliance by the worker with any conditions, including in particular conditions as to the production of a medical certificate or other evidence of incapacity for work due to sickness or injury;

(d) may provide for the times at which, and conditions subject to which, the right to receive wages at the minimum rate is to accrue, and the wages are to become payable;

(e) may provide for account to be taken, in arriving at the minimum rate of wages, of any benefits payable under the[F1 Social Security Contributions and Benefits (Northern Ireland) Act 1992]F1 .

(3) Paragraph (1) shall not alter the construction of any order made by the Board before the commencement of section 2A of the Agricultural Wages (Regulation) Act (Northern Ireland) 1939 [1939 c.25] .

F1 1992 c. 9