SEASONAL AGRICULTURAL WORKERS SCHEME
SEASONAL EMPLOYMENT INFORMATION FOR STUDENTS
Students participating in the Seasonal Agricultural Workers Scheme (SAWS) have an obligation to work within the terms of SAWS and other relevant legislation (for example Health & Safety). This document is issued to inform and help participants meet their obligations under the terms of the SAWS.
The Seasonal Agricultural Workers' Scheme provides farmers and growers in the UK with a source of overseas labour to meet their unmet demand for seasonal workers. The scheme enables students in full-time education in non-European Economic Area countries to finance a visit to the UK, learning something of the culture and language during their stay and earning money in the process. The scheme is managed by the Home Office which appoints Operators to administer the scheme on its behalf.
The member countries of the European Economic Area (EEA) are Austria, Belgium, Denmark, Finland, France, Germany, Greece, Iceland, Ireland, Italy, Liechtenstein, Luxembourg, the Netherlands, Norway, Portugal, Spain, Sweden, and the United Kingdom
The Seasonal Agricultural Workers' Scheme (SAWS) originates from the immediate post-war years and has essentially been a cultural exchange scheme that has sought to facilitate the movement of young people from across Europe to work in UK agriculture, and in particular to help with the harvests. The principles and features of the Scheme have remained largely unchanged since its inception.
In 2002 the Government commenced a formal review of the SAWS to establish how it might better meet the needs of the current agricultural industry. This review of the SAWS reflected the recent and significant growing demand from farmers and growers to expand the Scheme to help meet their rising needs for additional seasonal labour.
The principal recommendations of the review were published in November 2002 and are effective on 1st January 2004. They are:
- To retain Operators, appointed by the Home Office, to administer the SAWS. Operators are to be appointed via a endering exercise, which will be complete in time for Operators to commence work for the 2004 year.
- To extend the period during which the scheme operates - participants (students) may join the scheme at any time throughout the year. Therefore there is not a 'closed season'. However individual participants will be permitted to work, and remain in the UK, for a maximum of 6 (six) months.
- To extend the work that SAWS participants (students) are permitted to undertake – include activities not currently included. These activities must be agricultural and seasonal.
- To continue to restrict eligibility to the scheme to full-time students only and remove the upper age limit. Retain requirement that dependents are not allowed to join participants on the scheme.
- To allow participants to take part in the scheme more than once.
- To continue to restrict the time students can work to 6 months before being able to re-enter the scheme. Retain the requirement that applications from students must be made from outside the UK. There are to be no extensions beyond 6 months - there is a requirement for participants (students) to leave the UK at the end of the work period.
- To restructure the charging mechanisms. From January 2004 the industry (farmers and growers), as the principal beneficiaries of the scheme, should bear the cost of the administration of SAWS. In addition the Government is committed to charging for work permits and work cards and for the first time the Home Office will make a charge for the official documents - this part of the charges may be passed on to participants (students may be asked to pay this).
HOW STUDENTS QUALIFY AS PARTICIPANTS OF THE SAWS
- Applicants MUST be aged 18 or over on the date of arrival in the UK. Those students who will reach their 18th birthday during 2004 should record their 18th birthday as the EARLIEST DATE OF ARRIVAL in the UK. Please note, there is no upper age limit.
- All applicants MUST be full time students, returning to full time study after participating in the SAWS programme for 2004.
- Definition of full-time student under the SAWS.
- The course of study is at:
- A publicly funded institution of further or higher education; or
- A bona fide private education institution which maintains satisfactory records of enrolment and attendance.
- The period of participation on the SAWS is to take place after the official start date, and before the official end date, of the course of study, as defined by the educational institution. Individuals in between courses of study, for example, following completion of study for "A" levels or their equivalent, and the start of a University course, are not eligible. However, time taken by students in the form of, for example, gap years and extended holiday periods, are permitted, provided participation is within the official period of the course of study.
- The course is a full-time degree course or a full time course at a higher education institution, requiring a minimum of 15 hours organised day time study per week.
- All applicants must be able to provide official documentary evidence that they are a student as defined above. The documentary evidence must state:
- full name and date of birth of the student.
- The name of the University/college attended and the name of the faculty issuing the document.
- The signature of an official from the University/college and the official stamp endorsing the document.
- The name of the course the student is undertaking AND a list of the PRINCIPAL subjects the student is studying.
- If the student is to travel to the UK in their annual vacation, this should also be recorded on the Education Evidence. Conversely, if the student is not traveling to UK in their annual vacation, but as part of their studies, this should be recorded on the Education Evidence.
- An essential attribute, at the request of farmers and growers employing participants, is that ALL applicants can UNDERSTAND AND SPEAK THE ENGLISH LANGUAGE. This is important as the welfare and health & safety of each student depends on their ability to understand the English language. All recruiting agents should interview applicants in the English language and assess the level of understanding.
- Farmers and growers employing the participants of the SAWS have a preference that the participants they employ have experience of, or are studying an agricultural or horticultural subject.
- Applicants should be able and willing to stay and work in the UK for a period of least 5 weeks and a maximum period of 6 months. It may be difficult to place applicants requesting 5 weeks only, as most of the places available are for periods of 10-12 weeks or more.
- Applicants should equip themselves with a suitable REPATRIATION AND OR TRAVEL INSURANCE POLICY before traveling to the UK.
- Applicants must sign the application form.
- It is most important that applicants complete, in full, ALL sections of the official application form regarding health - these details are not used in determining if an application is accepted or rejected.
- Applicants may apply to work with one friend only - it is difficult to place large groups of friends on the same farm.
- If applicants wish to be on a farm with their girlfriend/boyfriend/partner, please ensure that they apply to the same Operator of the SAWS and that the application forms are fixed together before sending to the THE OPERATOR Office.
- Do not copy the application form, or use a form that has been allocated to another person.
- PLEASE COMPLETE THE ENCLOSED APPLICATION FORM, ONLY IF YOU MEET THE CRITERIA LISTED ABOVE AND ARE HAPPY WITH THE INFORMATION CONTAINED WITHIN THIS DOCUMENT.
- If an application is NOT accepted, it wilt be for one (or more) of these reasons
- Parts of the application form are not completed correctly.
- The details on the application form are not acceptable, for example the applicant is not yet 18 years of age.
- Too many students have applied for the same dates - in this instance we will try and place the applicant on the next available date.
- The application form is not signed.
- If any of the above situations arise THE OPERATOR will stop processing the application and will contact the applicant or recruiting agent to give them the opportunity to provide more information to support the application.
- If a VISA is required for entry to the UK applicants are advised to make enquiries about this, before sending the completed application form to the THE OPERATOR{GB) office. If an applicant cannot obtain a Visa, please do not apply to THE OPERATOR for a workcard.
- If the application IS accepted he will receive an official invitation letter from THE OPERATOR, enclosing:
- The SAWS work card carrying the name of the participant and name of the farmer(s) that is to employ him or her. Keep the work card in a safe place.
- Details and travel directions to the farm.
- Health Declaration Form for the participant to complete and hand to the employer upon arrival at the farm.
- A questionnaire to be returned to THE OPERATOR at the end of the placement and this will give THE OPERATOR valuable feedback about the scheme.
- Participants must then apply for a VISA (if appropriate) at the nearest British Embassy. Please note that from 1st January 2004, the Visa and Entry Permits issued by Entry Clearance Officers will carry the same date as the workcard.
- If students wish to extend their stay in the UK they must:
- Apply to THE OPERATOR for a new work card. Students will be asked to pay the workcard fee of £12.00.
- If a new work card is issued, apply direct to the Home Office for an extension to the Leave to remain stamp in the passport. From 1st April 2004 it is very likely that the Home Office will make a charge for this extension. The charges are anticipated at £150.00 for postal applications and £250.00 for applications made in person.
- Participants should arrange repatriation and or medical insurance that is valid for whole duration of stay in the UK.
- Participants are advised NOT to buy any travel tickets unless they have received a workcard and have obtained a Visa (if required).
- When participants enter the UK they will need
- A SAWS workcard - this is a valuable document-DO NOT LOSE IT.
- A VISA - if necessary.
- Another copy of the Education Evidence and the completed health declaration form, to give to your employer.
- The Welcome Letter from the farm.
- A sleeping bag, warm clothes and boots to work in (including clothing suitable for cold or wet weather). See section of this document detailing Things to bring with you.
- MONEY for travel and food for the first 7 days, a sum of approx £75.00 - £100.00 Stirling is recommended.
- Participants should have a TETANUS injection, before leaving for the UK, all workers in farms are advised to have this immunisation.
- THE OPERATOR selects the farm for the students. If the application is successful, the workcard will be dated for approximately 12 weeks or more. If students wish to stay for a longer period, they may apply for a transfer. THE OPERATOR cannot guarantee to be able to find students a further placement, in which case they must return home.
- The Workcard rules allow the participants to work on a THE OPERATOR registered farm legally. Participants MUST remain resident on the farm that is recorded on the workcard and may not organise your own work elsewhere.
STUDENT RECRUITMENT
- All Operators are charged with the responsibility of recruiting suitably qualified and skilled students to participate in the scheme and therefore be employed, on a temporary basis, by a UK farmer or grower for a maximum period 6 months.
- The majority of recruitment is done via 'recruiting agents'.
RECRUITING AGENT
- The recruiting agents select and vet applicants and may give assistance to each student during the application rocess.
THE ROLE OF RECRUITING AGENTS
- Recruiting agents are expected:
- To market the SAWS/THE OPERATOR programme to potential recruits.
- To support the recruits during the application process.
- To be the first point of contact for THE OPERATOR during the application process.
- To collate the application forms, ensuring each application form is complete and is accompanied by the relevant supporting documents.
- To ship via secure shipping the completed application forms to the THE OPERATOR office.
- To distribute to participating students the SAWS workcards when these are shipped to the recruiting agents.
- Charges that Agents may make to students
- Agents may NOT charge students for the recruitment or selection process.
- Charges may however be levied for specific services offered by the recruiting agent. For example this may include the booking of travel tickets to the UK and onward travel within the UK, the checking of completed Visa application forms, the hand delivery and collection of completed Visa Application Forms, English Lessons etc, the secure mailing of completed application forms.
- A detailed receipt must be issued by Recruiting Agents to any applicant paying them for any services. Each item should be listed separately.
HOW FARMERS AND GROWERS QUALIFY TO EMPLOY STUDENTS UNDER THE SAWS
- All farms employing students under the SAWS must be registered to one of the scheme Operators.
- Farms should provide on-farm accommodation and facilities for the resident students (for which the farm may make a modest charge each week). This charge should be in line with the current AWB Orders. The Operator inspects the accommodation and facilities annually to ensure that it is of a suitable standard.
- Farms are expected to provide a reasonable prospect of 39 hours of work per week for each participant. It must however be noted that on occasion, due to unforeseen circumstances (for example extremes in weather, a crop failure, customer demand), there may be very little work for short periods of time. The work students can undertake must be seasonal and agricultural work on a farm or horticultural holding. This can include some pack-house work packing only the produce harvested on the holding. Students cannot work in a pack house that packs bought-in produce only. Seasonal is defined as an activity that occurs at a certain season or certain seasons of the year.
- Agriculture is defined as
- Dairy farming
- The production of any consumable produce which is grown for sale, or for consumption or other use for the purposes of a trade or business or any other undertaking (whether carried out for profit or not)
- The use of land as grazing, meadow or pasture land, or orchard or osier (willow) land or woodland or for market gardens or nursery grounds.
- Farms are expected to operate the business within all UK legislation, including employment legislation, health and safety legislation etc.
- The SAWS participants are the direct employees of the farmer or grower and will be paid directly by the farmer or grower. THE OPERATOR is not the employer.
TYPE OF WORK AND WAGES AVAILABLE TO PARTICIPANTS (STUDENTS) APPLYING TO PARTICIPATE IN THE SAWS ADMINISTERED BY THE OPERATOR
- Type of work
- A wide variety of manual agricultural tasks will be available to participants recruited by THE OPERATOR. However, the vast majority of seasonal work within the agricultural industry is within the fruit sector (currently 48% of placements) and vegetable sector (currently 25% of placements). Therefore, predominantly, the tasks that can be expected are planting, hand harvesting, on-field packing and general crop husbandry/ maintenance of fruit or vegetable crops (edible produce).
- There are placements also available in the following sectors (this list is not exhaustive). The number of jobs available in the following sectors is very limited:
- Generally, there are no special skills, experience or attributes required by those undertaking the seasonal tasks on a farm. However farmers and growers seek participants to have some experience of working within agriculture or horticulture and to be able to speak and understand the English language.
- Work is usually manual and unskilled.
- Training is provided on-farm as part of the induction programme.
- There are however some seasonal jobs that will involve the operation of agricultural machines and vehicles. Participants wishing to be considered for these placements should already have some experience of the agricultural machinery/vehicles and the safe handling of them. These participants must hold a full driving license and must bring this document to the UK with them, together with a verified translation (into the English Language) stating the participants name, home address and the category of vehicle the licence permits him or her to drive.
- Where participants are expected to drive vehicles on the road, they will be asked to demonstrate, in person, to their employer (the farmer or grower) that they are competent to drive vehicles safely on the UK's roads. In addition, they should have a good command of the English language in order to understand road and safety signs.
- Wages
- The wages paid to all workers in the agricultural industry are subject to legislation set out in the Agricultural Wages Board Orders that are currently in force.
- There are different Orders in force in different geographic regions of the UK.
- Deductions from wages and other charges
- Participants of the SAWS should expect some deductions to be made from their wages. These may include any of the following: > National Insurance. See paper attached to this document (Paper Ref H/03/146 NIC's)
- Other charges > Participants of the SAWS should expect some other charges to be made by the farmers and growers. Farmers and growers must seek the written agreement from workers before making any deductions (other then those recorded above) from a workers wages. Therefore the participants of the SAWS will usually be asked to sign an agreement stating that they are happy for particular deductions to be made – the purpose of the deductions and amount must be recorded. Charges will usually be asked for each week by the employer and, for example only, may include charges for: provision of electricity and/or gas; provision of transport to local amenities for example bus or taxi to supermarkets and sThe Operator or transport to local places of interest pubs/clubs etc.; a contribution to social activities/events/trips that the employer organises for all those resident on the farm.
- Bond or deposit - Most farmers and growers providing on-farm accommodation will require participants to pay a bond or deposit against damage to the accommodation and facilities. If an employer wishes to take a bond or deposit he or she must issue a receipt for the money. Farmers and growers will usually request payment of a bond or deposit over the first 2 or 3 weeks of work. Bonds or deposits are returned to the participant when they leave the farm. However deductions will be made if any wilful damage is caused to the fabric of the accommodation and facilities provided or if a contract cleaner is required to clean the accommodation if the participants have failed to leave it in a clean condition.
> Income Tax. See paper attached to this document (Paper Ref HG/03/002 Income Tax)
> Charge for accommodation. This is usually deducted on a weekly basis and will be recorded on the payslip. - Each farm should write to participants with full details of all deductions before they travel to UK.
> Potato (usually grading)
> Tomato (glasshouse production) (harvest & packing)
> Cucumber (glasshouse production) (harvest & packing)
> Bedding plant production
> Hardy Nursery Stock production
> Salad crops (harvest & packing) - both protected cropping and field grown
> Bulb production (for example daffodil) (lifting, grading, packing for sale)
> Flower (picking & packing)
> The Operator - tying, harvesting and processing
> Turkey production (plucking and packing for Christmas trade)
> Livestock (lambing) very limited numbers at present
> Livestock (calving) very limited numbers at present
> Arable crop production (grain hauling/drying) very limited numbers at present
> Agricultural Wages Board Orders (AWBO) (England & Wales). For all wages paid to agricultural workers in England and Wales. The AWBO for England and Wales are reviewed annually (usually in July). Full details of the current AWBO can be viewed from the following link:http://www.defra.gov.uk/farm/agwages/awo2003/awo03.pdf to the Department for Environment, Food and Rural Affairs (DEFRA) website - under the heading 'agricultural workers/employment'. Tel: Agricultural Wages Team 0845 0000 134 {local rates apply).
> Scottish Agricultural Wages Board Orders (SAWBO). For all wages paid to agricultural workers in Scotland. The AWBO for Scotland are reviewed annually (usually in January). Full details of the current SAWBO can be viewed from the following link: http://www.scotland.gov.uk/librarv5/agri/awso-00.asp to the Scottish Executive's website. Tel: The Scottish Office Agricultural Department 0131 244 6397.
> Northern Ireland Agricultural Wages Board Orders (Northern Irish AWB). For all wages paid to agricultural workers in Northern Ireland (Ulster). The AWBO for Northern Ireland are reviewed annually (usually in XXX). Full details of the current Northern Irish can be viewed from the following link: http://www.dardni.gov.uk/core/dard0227.htm to the Department of Agriculture and Rural development (DARD) website. Tel: Department of Agriculture and Rural Development 028 9052 0813.
LENGTH OF TIME A PARTICIPANT CAN EXPECT TO WORK ON A FARM AND REMAIN IN THE UK
- The maximum period of time a participant can remain in the UK is 6 months (26 weeks).
- The minimum period of time a participant can remain in the UK under the SAWS is 5 weeks. However, the majority of seasonal jobs with UK farmers and growers are for a longer period than this. Therefore it is very unlikely that a job can be found for an applicant wishing to work just 5 weeks.
- The participants may work (subject to availability of work) between the start date and finish date recorded on the work card.
- From 1st January 2004, the Entry Clearance Officers instructions will be to issue Entry Clearance/Leave to Remain for the same dates recorded on the SAWS work card. Any student wishing to extend his or her stay up to a maximum of 6 months is able to do so. In order to apply to stay in the UK for longer than first planned, up to a maximum period of 6 months, participants should:
- Apply to THE OPERATOR for either an extension of the current job, or an transfer for another farm. In either case the student will be asked to pay for the new work card - £12.00.
- If a new work card is issued, either to extend the stay at the first farm or to transfer to another farm, the student will have to then apply direct to the Home Office for an extension to his or her Leave to Remain up to a maximum of 6 months. From 1st April 2004 it is likely that the Home Office will be charging for these extensions. It is anticipated that the charges will be £150.00 for postal applications and £250.00 for applications made in person.
- The average period of time that work is available for participating students is 16 weeks.
- There are some jobs available for 6 months.
- It is important to note that the number of hours of work that is available will drop significantly from mid July until the end of August. During this period of time it is very unlikely that another job at another farm CAN be found for participants - all farms experience the same reduction in the amount of available work. For this reason it is suggested the participants use this time to take a holiday to see different parts of the UK before returning to the farm in late August for the busy period in September.
HEALTH & SAFETY
- When participants first start work, the employer should give sufficient instruction and training so that all workers can work safely. In particular, participants should not drive or operate any agricultural machinery, including a tractor, unless they have received proper training and can show that they are competent. Participants may need more training if the work changes. The employer should check the level of understanding by watching participants work, if necessary.
- Employers should tell participants what to do if they need assistance or help.
- Rights and responsibilities of employees (participants) under UK safety legislation are explained in a wall poster "Health and Safety Law - What You Need To Know". The poster should be available at each workplace.
WORKING TIME REGULATIONS
- The Working Time Regulations implement the European Working Time Directive. The basic rights and protections that the regulations provide are:
- A limit of an average of 48 hours a week which a worker can be required to work (though workers can choose to work more if they want to). An individual worker may agree to work more than 48 hours a week. If so, he or she should sign an opt-out agreement, which they can cancel at any time. The employer and worker can agree how much notice is needed to cancel the agreement, which can be up to three months. In the absence of an agreed notice period, the worker needs to give a minimum of seven days' notice of cancellation.
- Employers cannot force a worker to sign an opt-out. Any opt-out must be agreed to. Workers cannot be fairly dismissed or subjected to detriment for refusing to sign an opt-out.
- Employers must keep a record of who has agreed to work longer hours.
- Example of opt-out agreement:
- A limit of an average of 8 hours work in 24 which nightworkers can be required to work.
- A right for night workers to receive free health assessments.
- A right to 11 hours rest a day.
- A right to a day off each week.
- A right to an in-work rest break if the working day is longer than five and half hours (rest break of at least 30 minutes). Rest breaks are not counted as working time and workers do not have to be paid during rest breaks. Employer must make sure workers can take their rest breaks, but are not required to make sure that they do take their rest breaks.
- A right to four weeks paid leave per year - based on the worker being employed for a 12 month period - workers are entitled to holiday on a pro-rata basis. For example an employee who works for 3 months is entitled to 3/12ths of 20 days.
I ( name ) agree that I may work for more than an average of 48 hours a week. If I change my mind, I will give my employer ( amount of time - up to three months) notice in writing to end this agreement.
Signed ................
Dated .................
- Further information is available from the Employment Relations page of the DTI Website: http://www.dti.gov.uk/er/ or ACAS 08457 47 47 47
TYPE OF CONTRACT OF EMPLOYMENT A PARTICIPANT MAY BE ISSUED WITH BY A FARMER OR GROWER (THE EMPLOYER)
- Most of the jobs available to SAWS participants will be based on a daily contract which will be detailed in the Welcome Letter sent to all participants by the farmer or grower that is to employ them. A daily contract means that there is no guarantee of work or continuity of work. It also means that an employer is not obliged to offer work to a participant every day, nor is the participant obliged to report for work each day.
- Some of the jobs available to SAWS participants will be based on a fixed term contract, usually the finish date will be the same as the finish date recorded on the SAWS work card or at the end of the strawberry picking season whichever is the sooner.
IF WORK AT A PARTICULAR FARM BECOMES SCARCE (UNPLANNED, FOR EXAMPLE DUE TO A CROP FAILURE OR POOR WEATHER CONDITIONS)
- If the situation is for a short period of time (less than 4 weeks) and if neighbouring farms, that are already registered with one of the SAWS Operators, have unskilled manual tasks available, the participants may work for these neighbouring farms, on a daily paid basis, on the clear understanding that the participants remain the primary responsibility of the employer named on the work card / work permit. The participants must also remain resident on the farm named on the work card / work permit. The SAWS Operator must be notified of this situation and hold the name of the '2nd' employer.
- If the situation is for a short period of time (less than 2 weeks) and the farm is able to offer approx 20 hours of work for each week, the participants should remain on the farm. In this case the farm will not ask for or deduct any charge for the provision of the accommodation for the period of time that work is scarce.
- If the situation is for a period of more than 2 weeks, and there is no daily paid work available in the locality, THE OPERATOR will make every effort to relocate the students to another farm, registered to THE OPERATOR, where work is plentiful.
- In extreme situations THE OPERATOR will co-ordinate with other SAWS Multiple Operators.
IF PARTICIPANTS FAIL TO MEET THE REQUIREMENTS FOR CONTINUED PARTICIPATION IN THE SAWS
- Although you have applied to join the Seasonal Agricultural Scheme and been offered a work placement by The operator, we do recognize that, for some students, the experience may differ from your expectations and you may find it difficult to participate in the scheme. By far the majority of participants enjoy their work experience on a UK farm and it may be that with further explanation, and more encouragement, you will too.
- If you are experiencing difficulty in participating in the SAWS Scheme, for whatever reason, then we would strongly recommend that you speak to your work supervisor on the farm in the first instance. The farm should understand that you may be homesick; and in some instances may be able to offer alternative work if that which you are currently being asked to perform is unsuitable or distressing for you. Furthermore, if you cannot participate in the scheme due to illness, then your work supervisor should be able to help you with medical attention.
- If the above courses of action are not applicable, or do not work for you, then the farm will contact the THE OPERATOR office for further guidance. We may be able to find you an alternative employer, more suited to your requirements and expectations. If this is not acceptable then you will need to make arrangements for your removal from the SAWS scheme and your return home.
TRANSFER SYSTEM
- This is a system whereby participants of SAWS can apply to the Operator (in this case THE OPERATOR[GB]), to move to another farm. This system also helps farmers and growers who have the capacity (both work and accommodation) to employ more participants to get extra labour quickly. Note: In 2004 the Entry Permits/Visa's issued by Embassies and Entry Clearance Officers will be valid for the same dates as the workcards. Therefore if work carries on at a farm beyond the finish date recorded on the workcard AND the participant has not yet been in the UK for 6 months, the participant MUST apply to THE OPERATOR for a new workcard and then apply to the Home Office for an extension to the Entry Permit and or Visa in order to stay on the farm. It is anticipated that from 1st April 2004 the Home Office charge for the extension will be £150.00 for postal applications and £250.00 for personal applications. The total length of time a participant can remain is the UK is 6 months.
- If work has finished at the farm and a participant has been in the UK for less than 6 months, he or she may apply to THE OPERATOR for a transfer to another farm. If another job can be found for the participant, a new workcard will be issued. The participant must then apply to the Home Office for an extension to the Entry Permit and or Visa in order to stay on the farm. After 1st April 2004 the Home Office will be charging for this. It is anticipated that the charge will be £150 for postal applications and £250 for personal applications. The total length of time a participant can remain is the UK is 26 weeks.
PARTICIPANTS THAT ABSCOND OR OVERSTAY
- Participants can work ONLY for the business named on the workcard and for the dates recorded on the workcard - up to a maximum of 6 months. Employers of SAWS participants are obliged to inform the scheme Operator (THE OPERATOR[GB]) if any participant leaves the farm without notice or under suspicious circumstances. This information will be logged on the Home Office database system.
PARTICIPANTS RETURNING TO SAWS FOR ANOTHER YEAR
- Terms of the SAWS allow participants to participate in the scheme as many times as they would like. Participants returning to the scheme must meet the normal criteria to participate, i.e. they must be 18 years of age or over, in full time education and they must remain outside of the UK for whole of the application process.
INVITING NAMED PARTICIPANTS TO RETURN TO A FARM FOR A SECOND YEAR
- to the farm for another season. These participants are known as 'Returnee Students'.
- At the end of the year THE OPERATOR asks all farmers and growers to consider if they would like to invite any participant back to the farm for the following year. Often the very best workers only are invited back to work for the farm for another season.
- If this is the case THE OPERATOR will issue a new application form direct to the student for the subsequent year.
TYPE OF ACCOMMODATION THAT IS PROVIDED BY FARMERS AND GROWERS
- There are many different types of accommodation provided by farmers and growers ranging from caravan accommodation to a farm cottage or a farm hostel.
- It is usual for participants to share all facilities, so they must expect some communal facilities However, where reasonably practical, separate ablutions (toilet and bathing facilities) are provided for men and for women.
- In most cases accommodation is single sex and provision for co-habiting couples is not always possible. It is important that co-habiting couples note that they may not be able to share accommodation whilst participating on the SAWS.
- In some instances, particularly on small farm units, the accommodation may be shared by both genders. In this case specific space will be reserved for each gender to ensure some level of privacy. For example in a mobile home or static caravan a bedroom will be reserved for males and another for females and ablutions will be provided in a separate bathroom within the mobile home or static caravan.
- 21.5.The most common form of on-farm accommodation is provided in mobile homes or static caravans - with space provided for food preparation/eating, ablutions, sleeping and resting. It is usual for groups of 4 or 6 participants to share a mobile home or static caravan. In the case of a mobile home or static caravan manufactured as a 6-berth unit, it will be usual for 4 participants to share this unit. In the case of a mobile home or static caravan manufactured as an 8-berth unit, it will be usual for 6 participants to share this unit.
- Another common form of accommodation is provided in a portable structure (such as a Portacabin) that is furnished for sleeping and resting. Often, the food preparation and ablutions will be provided on other specifically equipped units adjacent to the sleeping/rest units.
MEDICAL/REPATRIATION INSURANCE
- All applicants must equip themselves with suitable insurance. They must provide paper based evidence of insurance upon arrival at the farm. Students arriving with no insurance cover are expected to immediately buy suitable cover for the duration of their stay in the UK or to immediately leave the THE OPERATOR Programme and return home.
- The basic insurance must provide the following cover:-
- Repatriation to the participants' home country in the case of serious illness or injury and in the case of death the repatriation of the body or ashes. This cover should extend to paying for the door-to-door travel from the UK hospital to the participants home or local hospital.
- In the case of serious illness or injury the repatriation insurance should be activated by a letter from the Consultant Doctor leading the medical treatment in the UK hospital.
- It is strongly recommended that the insurance also provides provision for the participants' Next of Kin (say, 2 members of the immediate family) to travel to the UK in the case of serious illness, injury or a death. This cover should extend to paying for the door-to-door travel to the UK hospital and return door-to-door travel home and the costs of accommodation and living expenses whilst in the UK. It should also cover the provision of the services of an interpreter in the hospital if required.
- THE OPERATOR is investigating the possibility of offering suitable insurance to participants on a voluntary basis - students may choose this or use insurance that they have purchased at home.
CANCELLATION POLICY
- Applicants may cancel their application or participation at any time.
- All cancellations MUST be made in writing (letter, fax or email) to THE OPERATOR at the address recorded above and by no other means.
- Cancellation of an application - before travelling to the UK, and BEFORE the work card has been issued.
- 24.3.1. Applicants who cancel their application BEFORE they travel to the UK, and BEFORE the work card has been issued will have the THE OPERATOR Pastoral Services Fee and the Home Office charge refunded to them in full.
- Cancellation of an application - before travelling to the UK, but after the work card has been issued.
- Applicants who cancel their application BEFORE they travel to the UK, but after the workcard has been issued will have the THE OPERATOR Pastoral Services Fee refunded to them in full.
- The Home Office charge of ?12.00 is NOT refundable after the work card has been issued.
- Cancellation of place - AFTER a participant has arrived in the UK and started work.
- Applicants who cancel their participation in the SAWS AFTER they have arrived in the UK and started work will NOT have any fees paid for any services refunded.
- This is because once the participant has arrived in the UK and started work, they have started using the services they have paid for.
- 24 6 Refund of fees
- All bank charges/fees are to be paid by the applicant.
- Refunds will be made as soon as it is reasonably practical after notification of the cancellation.
- If applications are made via a recruiting agent, the refund payment will be sent direct to the recruiting agent and in the interest of reducing the bank charges, refunds will be sent in one payment only - all refunds due to applicants from a single recruiting agent will be sent together.
DETAILS OF TYPICAL COSTS INCURRED BY PARTICIPANTS WHEN UNDERTAKING TO WORK AS A SAWS PARTICIPANT
- Home Office charge for the SAWS Workcard. ?12.00 per student - except those that are exempt from the charge. Payable by all applicants EXCEPT those from Bulgaria, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Moldova, Poland, Romania, Slovakia, Slovenia, Turkey, Cyprus and Malta who are exempt.
- THE OPERATOR charge
- THE AGENT charge
- Medical / repatriation insurance. Students must equip themselves with medical / repatriation insurance. THE OPERATOR is exploring the possibility of providing this cover on a voluntary basis. This will be done via the NFU Mutual Insurance Society and full details will be circulated as soon as they are available.
- Return travel to the UK (London) - typical examples
- Visa Application (If required).
- Typical cost of living items
THINGS TO BRING WITH YOU
- Warm Sleeping Bag - British nights can be cold - (Pillows, pillow cases and spare blankets will be supplied by the farm).
- Clothing and footwear suitable for the seasons you plan to be in the UK. See above - don't forget clothing and footwear for work.
- Towel & Washbag.
- Passport, and visa (for some nationals). You are advised to take 2 photocopies of your passport (the page showing the passport number and your personal details) and to leave one copy with your next of kin and to have the other with you (kept separately from your passport). This is in case your passport is lost or stolen and will be helpful when getting it replaced.
- SAWS work card.
- Travel tickets.
- Money (for the first few days) - approx £150.00 Sterling.
- A signed document from your University listing the subjects you are studying. If you do not bring this document you will definitely have National Insurance deducted from your wages.
- Full details of the repatriation insurance (in the English Language) including the emergency contact number and the full name and address of the company providing this insurance.
- An Internationa! Driving Licence is useful particularly for drivers whose licence is printed in a non-European alphabet or is not valid in the UK. It is not possible for overseas nationals to obtain an International Licence in the UK - you must do this at home.
- Health Declaration form - this MUST be in the English language and MUST list any medication that your are allergic to - the case of a medical emergency
- Electrical equipment, particularly computers, from home may not be compatible with the British electrical supply. Check before departure. Most simple electrical items (eg hairdryers, radios) can be obtained for around ?20 each or less.
- Photographs of people and places at home that are special to you can help ease homesickness and make a room feel like home. A special item from home — a picture or ornament for example — can help you feel at home.
- Favourite books or posters, CD's or tapes and perhaps souvenirs/small items for gifts.
- Make sure you can carry your own luggage for up to 500 metres. You may have to do this!
- Your carry-on/hand baggage should include enough personal articles to last for your first night in UK (clean underwear, warm jacket, toothbrush, and medication etc.). This is just in case your luggage is delayed in transit.
- DON'T pack fresh food. Your luggage may be destroyed.
- Make sure your luggage is clearly labelled in English.
LOST LUGGAGE
Occasionally, students arrive at the airport in the UK before their luggage does. This can happen particularly after an international or national transfer. The luggage should be found by the airline and the airline usually will send it to you at the farm by carrier. If your luggage does not arrive:-
- Contact airline or service agent before leaving the luggage hall at the airport. You will be given a form to complete with your address at the farm in the UK.
- Give a phone number where messages can be left if at all possible - the farm office telephone number - this can be found in the information pack.
- Take the name of the official who assists you and a telephone number for enquiries. You should also retain your reference number.
- If, after 48 hours, you have not received satisfactory service from the airline, contact THE OPERATOR for further assistance.
CARS AND DRIVING IN THE UK
- Cars. Before buying a car participants MUST seek permission to keep a car on the farm from the employer. The employer may wish to see all the documents that car owners MUST HAVE concerning the car - these are a current MOT certificate, Tax disc and Insurance Policy before a car can be driven on the road. The employer will ask to see these documents - if any are missing permission to keep a car will be withdrawn.
- Driving licences. Participants are advised to bring a driving licence with them if they plan to buy or hire or drive a car while they are in Britain.
- What the law requires:
- The Law allows "a person resident outside the United Kingdom who is temporarily in Great Britain", to "drive in the UK during a period of 12 months from the date of entry into the United Kingdom" provided that s/he holds an international driving permit or a domestic driving permit from a country outside the UK. We are advised that the date of entry should be the first original date of entry to the UK
- Leaving the UK for a break is not considered to be a break in residency.
- EU Licences: A person holding a licence of one of the EU states may continue to drive using their own national licence for as long as it is valid.
- Other Recognised Licences: Licences from the following countries are recognised in the UK for a maximum of 12 months: Australia, Barbados, British Virgin Islands, Canada, Cyprus, Hong Kong, Japan, Kenya, Malta, New Zealand, Singapore, South Africa, Switzerland and Zimbabwe. Before the end of the 12 month period they must follow the procedure iii below and apply to exchange their licence for a UK licence.
- Complete form D1 (available from any Post Office) and send with the correct payment to Driving Vehicle Licensing Agency.
- Your foreign licence must be surrendered to the DVLA who will return it to the original issuing authority.
- People holding licences from all other countries should obtain an international licence from their home country and arrange to sit a driving test within 12 months of arrival.
- Driving in the UK
- Traffic drives on the left in the UK.
- Observance of traffic rules and street signs is comparatively strict.
- All cars/drivers must be insured. This is a legal requirement. Insurance costs several hundred pounds a year. Non-payment of insurance premiums makes the policy invalid and driving illegal. Insurance cover is essential even if the car is only parked on the road.
- Cars over three years old have to pass an annual test (known as the MOT test) to prove that they are roadworthy. Vehicles therefore have to be kept in good repair, which can prove expensive. The vehicle must hold an MOT certificate even if it is only parked on the road.
- All cars must be taxed (about ?155 a year) as well as insured. Tax discs must be displayed in the car's front windscreen at all times. All cars parked on the road must be taxed.
- The speed limit is 30 mph in built-up residential areas. On motorways, the limit is 70 mph for cars and motorcycles. For details of other speed limits, see the "Highway Code". It is strongly recommended that all drivers should purchase a copy of the "Highway Code" which is available from newsagents for around ?2.00.
- It is illegal to drive under the influence of alcohol or drugs; the penalty is loss of licence plus a fine and/or imprisonment. It is not possible to judge the quantity of alcohol which will take an individual over the legal limit. The authorities generally advise drivers not to drink at all.
- It is not normally legal to carry more passengers than there are passenger seats in a vehicle.
- If a driver is involved in a traffic accident they MUST STOP, and follow the procedure below:
- Give the other driver the name and address of the person driving, the registration number of the car involved in the accident, and if the driver is not the owner, they must give the name and address of the owner. Although it is not a lawful requirement to give insurance details in accidents where only damage to property is caused, be prepared to give details of the insurance because it will save time later.
- Insurance companies advise not to admit or sign for any fault on the part of the driver. The insurance companies will deal with this on behalf of the driver/owner.
- Ask any witnesses to give names and addresses. This is not a lawful requirement on the part of a witness and people may refuse.
- If the driver fails to comply with the above or any person is injured as a result of the accident then the driver must report the accident to the police as soon as possible or, in any case, within 24 hours.
- Seatbelts - Cars made after 1 January 1965 must be fitted with front seat belts. Cars made after 1 April 1987 must be fitted with rear seat belts.
- Where seat belts are fitted they must be worn.
COMPLAINTS
- THE OPERATOR recognises that, for the majority of students participating in the Seasonal Agricultural Workers Scheme, this will be the first long stay away from home. As such it will be an exciting learning experience; but we also recognise that it can be a traumatic experience for some students.
- We want all students to gain the most from their work experience: from learning about British agriculture, learning about our culture and earning money in the process. We are here to help you get the most from your stay in the UK.
- If you have a concern about your work placement, the work you are undertaking, the wages you are earning, your accommodation, your access to social and cultural facilities then please discuss these with your Supervisor on the farm on which you are working in the first instance.
- If the Farm is unable to resolve your concerns satisfactorily, then the next stage is for you to contact the THE OPERATOR office, usually by telephone. If your complaints are concerning wages, you must make the complaints IN WRITING and attach photocopies of your payslips together with precise details of the number of hours you worked EVERY DAY. We will then agree with you a suitable course of action to address your concerns.
- We will need to discuss all complaints with the host farm - however please note the details of the participant making the complaint will be treated as confidential and will not be shared with the host farm without your permission.
- In undertaking the above process, THE OPERATOR personnel will be sensitive to the fact that we are dealing with young people who are away from home for the first time and will endeavour to adopt a sympathetic and practical response to the concerns raised.
- 29.7.THE OPERATOR values the participation of farmers and growers in the Seasonal Agricultural Workers Scheme and are here to help you benefit from the scheme, in exchange for providing valuable work experience for students from overseas.30.
DATA PROTECTION/SECURITY
- Use of Personal Information. All details supplied to THE OPERATOR by farmers & growers, participating students and partner organisations will only be used to administer the Seasonal Agricultural Workers Scheme and THE OPERATOR's Seasonal Workers Programme.
- The information will be shared only with:-
- the UK Home Office (for example the Immigration and Nationality Directorate, The Immigration Service, Police Service)
- any other government department, local government department or statutory body with an interest in the SAWS or SWP
- any individual or organisation working under contract to THE OPERATOR
- the participants that are registered to THE OPERATOR
- the recruiting organisations that THE OPERATOR works with in partnership
- the farmers and growers that are registered to THE OPERATOR
- THE OPERATOR may share aggregated demographic information with our partner organisations, for example overseas Universities. This is not linked to any personal information that can identify any individual person.
- Disclosure of Information. Personal details will only be used by THE OPERATOR, and shared with the parties recorded above. THE OPERATOR will NOT disclose this information to anyone else without first obtaining written consent from the individual concerned.
- Mailing addresses and email addresses. THE OPERATOR will not send unwanted mail, junk mail or email messages, nor knowingly pass addresses or email addresses to any third party engaged in such activities. Furthermore THE OPERATOR takes every precaution to minimise the risk of computer viruses using stored email address lists to send unsolicited email.
- Questions concerning the way THE OPERATOR uses personal information should be directed to the THE OPERATOR Programme Manager via telephone, post, fax or email.
DISCLAIMER
- The Operator has used its best endeavours to ensure that the content, layout and text of this document

