39hours or 40hours

My employer just assigned me a COS with 40 working hours in a week. The salary stated is £29,900 (experienced rate).

But in PBS code of practice the salary is calculated on basis of 39 working hours a week. Will this cause an issue?

Is your SOC code 2139 (Information technology and telecommunications)

The rates are based on a 39-hour working week for all occupations where the salary source used is the
Annual Survey of Hours and Earnings.

A 40 Hour week will look as if you are earning £14.375 per Hour.
A 39 Hour week will be £14.743 per Hour.

Looks like you need to ask your employer for a wage rise soon / ask them to amend the COS and your contract to 39 hours a week.

Most employers put their employees on 40 hour contract out of which 37.5 hours will be working hours and 2.5 hours unpaid break.

If this is the case you can request your COS to be 37.5 Hour/week.

they cant amend the cos, but can add a note to the cos. that should be sufficient.

That should be fine. make sure they do or else you will be refused.

Thank you all for responding.

When I emailed my sponsor explaining the situation to them, I received following response:

"The contract being offered will be a 40 hour week contract and this does not affect your annual salary, it simply means your hourly rate is reduced accordingly. Your annual salary will still be paid as per the appropriate salary rate in line with the immigration rules. Again we can require you to work a 40 hour week based on the experienced rate as per the job description and this is not incorrect"

Can someone explain what they mean by this? Are they right or have they got it completely wrong?

Thanks
Shaleen

I am not quite sure whether they understood the situation.

I had the similar situation and my visa was rejected for the reason not appropriately paid.

Either COS should say 39 hours or salary should be increased , please make sure salary and hours are appropriate before applying for visa otherwise you will waste time and visa fee.