Question about job creation

[jhapko]

Hello Admins,

I am new to this forum. I just have a question about job creation for 50K route post April 2014 application. One of my employee worked around 1540 hours in 12 months and other one worked around 1675 hours in 12 months. Is that still fine? As I can see from the application form, it says either 30PW/120PM as full time job. So if they consider 30 x 52, it will be 1560 hours but if they consider 120 x 12, it will be 1440 hours. Please can you help me.

Thanks

[zimba]

As discussed several times before, 120 hours per month is misleading. HO has erroneously assumed that a month is 4 weeks of 30 hours work (which is not) . I say stick to 52 weeks of 30 hour work (per job) to be sure

[jhapko]

As discussed several times before, 120 hours per month is misleading. HO has erroneously assumed that a month is 4 weeks of 30 hours work (which is not) . I say stick to 52 weeks of 30 hour work (per job) to be sure

Hi Zimba,

Thanks for this. I understand where you are coming from but the application form clearly says 30 hours per week or 120 hours per month. So if something goes wrong, can I ask for AR and get it corrected as the form itself had said 120 hours per month is considered as full time.

Thanks

[zimba]

You are required as per rules to create two full time jobs that lasts for at least a year. A full time job is a job were a worker works 30 hours or more in each week. Rules do NOT mention anything about the hours per month or 120 hours at all.
If 120 hours per months is accepted and given that each month is more than 4 weeks, I am not sure how you gonna claim the employee worked at least 30 hours a week (or worked full time) as that would come around 130 hours per month. This is why I said 120 hours per month is contradictory and should be avoided when it comes to job calculations. Stick to weekly calculation.

[natsha]

Hi,

Lots of peoples got confused about this 120 per month and they got refused.

30 hours per week HO requirement.

But if you doing monthly payroll then 30* 4.345= 130. That's how HO calculation.

Simple your staff paylsip showing 130* what every rate (Minimum Wages)= ???? You should 100% fine and above 130 HO will ignore.

Best of luck
Thanks

[marcnath]

As discussed several times before, 120 hours per month is misleading. HO has erroneously assumed that a month is 4 weeks of 30 hours work (which is not) . I say stick to 52 weeks of 30 hour work (per job) to be sure

Hi Zimba,

Thanks for this. I understand where you are coming from but the application form clearly says 30 hours per week or 120 hours per month. So if something goes wrong, can I ask for AR and get it corrected as the form itself had said 120 hours per month is considered as full time.

Thanks

As @zimba pointed out, the immigration rules are very clear about it being 30 hrs/week. It does not mention 120 hrs/month at all.
The guidance used to mention 120 hrs/month but it has now been corrected.
Obviously the form has not been corrected/updated yet.
There have been other cases here where HO rejected on the basis of 120 hrs/month. At least one of them had the decision reversed in AR. But that was before the guidance was updated.
You can try to take the risk and go with 120 hrs/month but I am quite sure it will be rejected. The argument that the form says so is unlikely to win the case now as they are clearly advising everyone to read the guidance before applying