Workplace rights and benefits

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Your rights at work

When you work in Scotland, you have rights at work including:  

• Working hours and rest breaks   
• Time off work   
• Sick pay   
• Holidays and holiday pay   
• Maternity and parental rights   

Find out about your rights at work (citizensadvice.org.uk)

Holidays and public holidays

You get holidays each year based on the number of days you work. Holiday time is also known as ‘annual leave’.  

Many workplaces also close for public and bank holidays. You might get paid leave on public and bank holidays. 

There are nine public and bank holidays in Scotland each year. They are normally on a Monday.  

Find out about holidays and holiday pay (citizensadvice.org.uk)

Check Scottish bank holiday dates (gov.scot)

Sick pay

If you can’t work because you’re ill, you'll get sick pay. You’re entitled to Statutory Sick Pay from your employer. Statutory Sick Pay is normally paid if you’re sick for: 

• more than four days in a row, but 
• less than 28 weeks.  

Your employer may also have their own sick pay scheme. You should check directly with them. 

Find out more about Statutory Sick Pay (gov.uk)

Maternity pay

If you’re pregnant, you might be eligible for Statutory Maternity Pay (SMP). SMP is money your employer must pay you when you take time off work to have a baby. You can get SMP for up to 39 weeks.  

Some employers might give you extra pay on top but this is not required by law. 

The law says your partner can get up to two weeks of paternity leave. Some employers offer extra paternity leave.  

You can also share your time off and pay with your partner. This is called Shared Parental Leave.  

Find out more about maternity pay and leave (gov.uk) 

Find out more about shared parental leave and pay (gov.uk) 

Other benefits

Most employers in Scotland will have a benefits package. It can include things like: 

• dental care  
• private health insurance 
• help with travel costs 
• discounts and vouchers.  

These packages are different for each company. It is best to check directly with them.

Salary deductions

If you earn over a certain amount you’ll pay tax from your earnings. This is for the public services provided by the government, like healthcare and pensions.

Normally, your employer takes away income tax and national insurance from your salary.

The amount of income tax you pay depends on how much you earn.    

Read about income tax rates and personal allowances (mygov.scot)  

Find out how income tax works (moneyhelper.org.uk) 

Find out how national insurance works (moneyhelper.org.uk)

Pensions

Most people who work in Scotland get a state pension from the government. You get this payment every week when you reach state pension age. Your date of birth normally decides your state pension age.

Check your state pension age (gov.uk)

The amount of State Pension you get depends on 

• How long you’ve worked  
• How much national insurance you’ve paid

Employers in Scotland also offer all employees a workplace pension scheme. You’re automatically enrolled into your workplace scheme. You can opt out if you wish. 

Find out more about state pensions (citizensadvice.org.uk)

Find out more about workplace pensions (citizensadvice.org.uk)

Contact a financial adviser to get help to plan for the future.

Check getting financial advice (citizensadvice.org.uk) 

Health and care workers

Health and care workers have the same rights at work as any other worker.  

However, it can be hard to complain about your rights because your visa is linked to your job.  

If you have a problem with your job, you can get help.

Read the guide on problems with your employer if you have a health and care worker visa (citizensadvice.org.uk) 

Find more information about working in adult social care in Scotland (learn.nes.nhs.scot)

Seasonal workers

You have certain rights if you have a Seasonal Worker visa. 

For example: 

• Minimum pay
• Working time rules 
• Health and safety

Before you start working, your employer must give you a written contract. They must give you it in your first language as well as English. The contract should include the terms and conditions of the work. For example, your: 

• Rate of pay 
• Working hours 
• Place of work 

Before you agree to take a job, make sure you know your rights. It’s also a good idea to find out what the job will be like.

Check your employment rights if you have a Seasonal Worker visa (workrightscentre.org)

Find more information on your rights if you have a Seasonal Worker visa (sasa.gov.uk)
Watch a video on what to expect when working in the UK as a seasonal worker (vimeo.com)

If your employer is not protecting your rights, you can get help.

You can get free practical, emotional and financial support from RSABI (rsabi.org.uk)

You can also get free advice from the Worker Support Centre (workersupportcentre.org.uk)

Protecting yourself against exploitation

We want everyone to have a good experience of working in Scotland. Most employers in Scotland follow the law.  

However, it’s important that you can recognise if you’re being exploited. People can be exploited for: 

• labour 
• sex 
• criminality 
• domestic servitude. 

This is also called human trafficking (mygov.scot)    

The law in Scotland takes exploitation very seriously and will protect you. 

You don’t need to be moved from one place to another to have been trafficked. You might not realise that you’ve been trafficked or exploited. 

If you’re exploited or trafficked, you might be: 

• unable to choose when or where you work 
• unable to negotiate working conditions 
• sexually exploited 
• forced to be a domestic servant 
• forced to commit criminal acts 
• made to work very long hours over long periods.

Where to go for help

If you think someone is exploiting you, you can get free and confidential help. There are organisations who have specially trained staff to support you. They can help you to keep safe.

Call 999 if you, or someone else:   

• is in immediate danger and you need help from the police  
• needs urgent medical help  

For non-emergency police help you can call 101. For non-emergency medical help, you can call NHS 24 on 111.  

You can call the confidential UK Modern Slavery and Exploitation Helpline (modernslaveryhelpline.org) on 08000 121 7000.  

If someone has trafficked or exploited you, you can get specialist support and accommodation (migranthelpuk.org)  

If you’re a woman aged 18 or over and have been trafficked for sexual exploitation, you can get help from Trafficking Awareness Raising Alliance (tarascotland.org.uk) 

Learn more about getting help if you’re being sexually exploited (safer.scot)

Header image photo credit: Visit Scotland / Kenny Lam