The agreement brokered by the government to give agency staff many of the
same employment rights as permanent employees will cause havoc for IT managers,
it has been claimed.
The government, along with the
Confederation of British Industry (CBI)
and the Trade Union Congress (TUC), agreed a
deal which would see agency workers will be given the same basic rights, such as
holiday pay, as permanent staff after 12 weeks employment.
"It will give people a fair deal at work without putting their jobs at risk
or cutting off a valuable route into employment," said business secretary John
Hutton.
But the effect on IT departments could be far from fair, warn some industry
watchers.
The requirement to give time off for holidays or sickness will add delays to
business-critical IT projects, and could deter employers from working with
contract staff.
Currently, IT leaders frequently employee agency staff, and many IT projects
would be impossible without hiring specialist skills externally.
Typically contract work is very well paid and allow the contractors far
greater freedom over when and where they work, said Gary Ashworth, executive
chairman of IT recruitment company InterQuest. "The whole directive is
ridiculous and anti-entrepreneurial. Generally, contractors aren't exploited:
they earn more money and many prefer to work in this way."
But Ashworth also noted that both employers and IT contractors were likely to
use loopholes to circumvent the rules. "Employers will probably start looking
for replacements after 11 weeks," he said. "While IT contractors will set
themselves up as single person limited companies."
The 12 week rule could have severely detrimental impacts on IT projects,
warned Marika Hall, business manager at HR supplier NorthgateArinso. Project
overruns are relatively common in IT, she noted, therefore the new proposals c
reate additional risk: a contractor could be employed in good faith for a
project designated to last 10 weeks, but if there are delays, the employer would
be faced with bringing in someone new for the last crucial stages of that
project.
"As the employment of contractors is often undertaken by line managers, it
becomes difficult for business leaders to understand there exposure to these
risks," she added.
The Government will now work with its European partners to try and get the
Agency Workers Directive on to the European statutory book.
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