Defined COS rejection- going rate conusion

[gm4u]

Hi All,

This is a great forum and I have been reading all the information on this topic. I applied for DCoS under new rules but received the rejection due to the below reasons. Can someone please help in explaining what is the issue and how I can correct this. I did not use any solicitor and dealt the application myself.

The contract was for 37.5 hours. Gross salary was £38900. There was a clause about Overtime which resulted in the rejection.

That clause was erroneous and was not checked by mistake but basically what i meant was no overtime required and hence no further payments. The wording the clause was as below

"No additional payments will be made for overtime worked"

The application rejected siting the below

Reason for Decision: The contract supplied in the response provides that the migrant will not receive additional payments for overtime worked and salary does not meet 48 hours per week calculation.
SK Paragraph: SK.7.7, SK7.9 and SK12.20
Paragraph SK7.7.
To determine if the applicable general salary threshold is met, we will only take into account salary for up to a maximum of 48 hours per week, even if the worker works for longer than this. For example, a person who works 60 hours a week for £12.50 per hour will be considered to have a salary of £31,200 (12.5 x 48 x 52) and not £39,000 (12.5 x 60 x 52).

Paragraph SK7.9.
When assessing whether the worker is being paid the applicable going rate, we will take into account their full weekly working hours, as stated on their CoS, and pro-rate accordingly. This applies even if the worker works more than 48 hours per week. The calculation we use for the going rate depends on which table of Appendix Skilled Occupations the occupation code is listed in.
Paragraph SK7.10.
Going rates for occupation codes listed in Tables 1, 2 or 2a of Appendix Skilled Occupations are based on a 37.5-hour week. Where the worker is required to be paid the full going rate (Options A, D, F or I), the following calculation will be used: (The going rate for the occupation code stated in the relevant table of Appendix Skilled Occupations) multiplied by (the number of weekly working hours stated by you on the worker’s CoS) divided by 37.5.

Reason: During the investigation of the contract there is a clause providing that “No additional payments will be made for overtime worked.” In addition to this according to the calculations made, the above salary provided would not meet the salary requirements for 48 hours.


I want to resubmit the application but want to make sure not to repeat this. Can someone suggest wording and how this 48 hours rule works.

Thanking in advance.

Cheers

[gm4u]

Just bumping,

Anyone with the guidance please.

Thx