Companies employing highly paidIT contractorsshould be exempt from
new legislation giving temporary workers the same rights as
permanent workers, the association of professional staffing
companies has said.
The association of professional staffing companies (APSCo) said
anyone earning more than three times the minimum wage doesn't need
the protection the Agency Workers Directive is designed to
give.
Instead, it says the new legislation will actually make it
harder for contractors to get work, because their potential
employer's
costs will be increased by the law's requirements. The
directive is currently in the consultation phase.
Under APSCo's proposals, those earning £17.40 per hour or
£33,930 a year will be outside the legislation.
The Agency Workers' Directive will entitle temporary workers who
have worked with the same company for at least 12 weeks to
treatment equal to that received by permanent workers. The meaning
of "equal treatment" has not yet been precisely defined but it will
include equal pay, access to training and notice of
termination.
The aim of the directive is to increase the protection of
vulnerable workers, but APSCo argues that well-paid, professional
contractors don't need this protection.
Chief executive Ann Swain said: "We feel that three times the
national minimum wage is about the right income level for the
exclusion. It would mean about 90% of workers placed by APSCo
members are outside the scope of the legislation.
"The kind of business professionals placed by APSCo members are
highly-skilled, highly-paid individuals who cannot be considered
vulnerable workers. Their inclusion in this legislation would
significantly add to the costs to end-users of using these workers,
thereby damaging their employment prospects."