job Hours calculation

[alishaikh777]

Hi
I am confused on hourly calculation , as policy says ( 30 hours week ) 120 hours per month.

I am paying my employees monthly basis ,
My employees worked 30 hours per week minimum , means 6 hours a day.
and minimum working days in a month is 20 days , means minimum 120 hours .
so my employee minimum monthly hours are 124 . and maximum is 140.
But at the end , my employees worked every week 30 hours , and yearly its more then 1560 hours.

I was very much sure its gonna work after such hard work of growing business and looking at your visa requirements .

suddenly I saw my friends refusal which is as follows :
( we only accept a maximum of 130 hours per month ( 30 Per week ) and anything over this is discounted as per paragraph 49)

that means they will take 130 hours from each month , and will take 124 hours for feb . which wont be 1560 hours end of the year.

how you guys see that . very much confusing. also check attachment of refusal.

http://www.imageno.com/puvuhv8os7y9pic.html

[live4pride]

The refusal reason in the screenshot suggests they considered upto 130 hours but for last two years. As the decision is already with your friend I would assume transitional arrangements does apply to the applicant. So what else was missed??

[zimba]

It is misconception that a month is 4 weeks or 120 hours work, it is NOT. It is actually on average 4.33 weeks
HO requires ONLY 130 hours a month or 30 hours week for full time role, more hours are discarded. If an employee works less than that they are NOT full time

[tier1in2014]

Hi zimba , what if a employee has start working on 9th of the month but did little over 130 hrs in that month . will this be counted as full month or will be the counted as part time hrs. Thanks

[live4pride]

It is misconception that a month is 4 weeks or 120 hours work, it is NOT. It is actually on average 4.33 weeks
HO requires ONLY 130 hours a month or 30 hours week for full time role, more hours are discarded. If an employee works less than that they are NOT full time

Thank you Zimba. On the guidance Annex F page 89 states HO will consider 120 hours per month. Upon looking at the Refusal Letter it states that HO will consider a maximum on 130 hours a week. So its vague to me.

Heres another question, I have had an employee who worked part time in 2014. This job again continued together with another employee until mid of the following year but hours never exceeded neither 120 nor 130. This would mean that I can never claim for those months where 30 hours per week or at least 120 hours per month were not met and hence existence of 12 months job would fail to prove. So I am still trying to understand the interpretation of these rules. Please help.

[live4pride]

Why HO refusal letter addresses the last 24 months, are we not supposed to claim hours and jobs in the three year span since the initial leave??

[zimba]

Hi zimba , what if a employee has start working on 9th of the month but did little over 130 hrs in that month . will this be counted as full month or will be the counted as part time hrs. Thanks

The form asks only for the period you are claiming and the hourly rate. There is no way to prove how many hours someone has worked officially.
If you claim that a full time employee worked for 13.5 weeks for an hourly rate of £10, then you should show that you have paid him for that period at least £4050, or 13.5 weeks x min 30 hours a week x £10

[zimba]

Thank you Zimba. On the guidance Annex F page 89 states HO will consider 120 hours per month. Upon looking at the Refusal Letter it states that HO will consider a maximum on 130 hours a week. So its vague to me.

Technically the rules are based on hours worked in a week. 30 hours or more are full time.

Heres another question, I have had an employee who worked part time in 2014. This job again continued together with another employee until mid of the following year but hours never exceeded neither 120 nor 130. This would mean that I can never claim for those months where 30 hours per week or at least 120 hours per month were not met and hence existence of 12 months job would fail to prove. So I am still trying to understand the interpretation of these rules. Please help.

Well the part time hours must reach 30 hours a week min to be counted. The rules say:

A full time job is one involving at least 30 hours of work a week. Two or more part time jobs that add up to 30 hours a week will count as one full time job, and may score points in Tables 5 and 6, if both jobs exist for at least 12 months. However, one full time job of more than 30 hours work a week will not count as more than one full time job.

** You can ignore the 12 months requirement if covered by transitional arrangements

Why HO refusal letter addresses the last 24 months, are we not supposed to claim hours and jobs in the three year span since the initial leave??

Jobs created within the entire initial period count !

[sovy]

Zimba,
Can you help please? I was always sure that as long as a contract says 40 hours a week - i am fine. However, now i am reading the forum and really scared as in one month in summer my employee was always away - holidays and unpaid leave and I have for her only 118 hours. It is even less than 120 hours which is in the guidance.
But it's common sense that i cannot force employee to come to the office if they don't want to. I was unlucky with the employee - but it's her personal issues that she wanted to be away constantly, i can't come to her flat and take her to the office. As an employer I provided her with a contract mentioning 40 hours and she could have earned it if she decided to work.
Do you think the Home Office will understand my situation that I can't force employee to come?

[zimba]

If she didn't work min of 30 hours a week, then she really didn't work full time.
Also as a business person, you are not at the mercy of your employee. If she consistently failed to work as per contract, she should have been sacked.

[mohsensari]

Dear zimba<
If some one works 12 months part time and every month 65 hours.
Does HO counted her as 6 months full time in transition arrangement even if there was no other job to combine with it to make one full time?

[zimba]

Dear zimba<
If some one works 12 months part time and every month 65 hours.
Does HO counted her as 6 months full time in transition arrangement even if there was no other job to combine with it to make one full time?

I repeated this multiple times: http://www.immigrationboards.com/uk-tie ... l#p1437307

[hina_pirzada]

Hi Ali,

I don't know why are u confusing in job hours this is very simple calculation. Why people are confusing about the month of February.

12 Months consist of 52 week.

A person working 30 hour per week so simply is 52 x 30 = 1560 hours if you can divide 1560 / 12 = 130hr/m so where is the month of February issue???

Same as if some one working 16 hrs/week so 52 x 16 = 832 hrs/year, & 832/12 = 69.33 hrs / moth and you can round up 70 hrs/month.

If you have 2 part time employee so there hours add up 70+70 = 140 and in the year which will be 1680 hours so the home will disregards 120 hours from the part time worker and will award the points. Where is the issue of month of February.

I have noticed most of the members asking the question about 28 days or 29 days.

[zimba]

Because there is huge tendency to think in terms of months rather than weeks which is the best way to do it

[sovy]

If she didn't work min of 30 hours a week, then she really didn't work full time.
Also as a business person, you are not at the mercy of your employee. If she consistently failed to work as per contract, she should have been sacked.

Zimba thanks for your response. What would be the best option to do as i still have time?
1. Amend now her payslip for that month and pay her now for that month additionally, therefore amend her P45
2. Explain the situation to HO
3. Hire another employee now for a couple of weeks. But how I will combine these hours (her 118 hours plus with a new employee) if she was full time employed, not part-time
Or any other option. I don't want to be refused because of her, so many things have been done

[zimba]

Please provide the period and her hourly rate.