Post
by sashwilldo » Wed Jul 10, 2013 5:21 pm
Thanks for your concern Safatafa and I am still in thoughts. I am writing below with more precise explanations and looking forward for a solution from all you guys.
Jeeves, thank you and I have understood about the New entrant..and I have read those paragraphs carefully.
Thank you Manci and to be precise, this is my situation:
Paragraph 233 from the Tier 2 Sponsors Guidance - is exactly what's happening with my situation. My allowances will start to vary from next month due to a distribution of work amongst other employees. My employer has mentioned that my allowances will be varying depending on company's progress and so does my salary. And was told that I will still be above the appropriate rate as per your SOC. Which means, Paragraph 234 can be ignored as it mentions about salary being below the appropriate rate. And Paragraphs 235 and 236 are basically exceptions to 234. Paragraphs 237, 238 and 239 are not relevant to my situation as I am not absent from work, not a high earner and do not wish to take longer unpaid leave.
However, the Tier 2 PBS System Policy guidance does not give any detailed information either, about salary reduction. Paragraphs 194 and 195 do not really support my situation. But the 4th point in Paragraph 196 does seem to give a hint saying; changes to your core duties which means your job changes within the same SOC code
(provided your new salary rate is at or above the appropriate rate for the job as set out in the codes of practice). Does this point relate to Paragraph 233 from the Tier 2 Sponsors guidance?; as I believe reduction could be in any form, whether they are allowances or actual salary, due to change of situations at workplace.
And If at all, after these discussions, I have to make an application for a Change, would it be a 'Change of Employment' or 'Change of Circumstances'?
Thank you all again for your time. Your valuable suggestions are very much appreciated for such a complex issue.