# Breaking contracts ? Recruitment agency concerns.



## Setanta12 (25 Nov 2009)

Am just under two months into a six month contract with a company in South Dublin/North Wicklow. I get timehseets signed by the company and fax thgem to the recruitment agency and the agency pays me. To all intent and purposes they are my employer.

A rival agency has offered me a contract elsewhere for more money and longer duration. They think I'm permanent where I am.

I think this is as simple as just leaving an ordinary job and working elsewhere ? Are there any implications leaving ? (I'm particularly mindful of the fact that I will again be on the jobs market in 12 months).


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## STEINER (25 Nov 2009)

Hi,

If you can do the interview for the 2nd job, go ahead, if they offer you the job, take it.  If you leave the 6 month contract, bear in mind, that that particular agency presumably won't use you again.  12 months contract is better than 6 months.


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## wheeler (25 Nov 2009)

I wouldn't worry about the agency. And they will recruit you again. If they think they can outsource you and therefore bring in commission for them then they won't care about the past.


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## Brendan Burgess (25 Nov 2009)

Hold on a moment here.

Do you have a contract? If you have a contract to work for six months, then you are breaking your contract. You are going back on your word. You are letting yourself down. 

If the ultimate employer  told you after 2 months that they found someone better to do the job, how would you feel about that? I think you would be suing them for the 4 months work or looking for some form of compensation. 

If you really want the other job, I would tell your current employer the story, just in case their plans can be changed. For example, they might agree with you to finish up after two months.

The agency issue is a side issue. It will be embarrassing for them and they will lose a fee, but the inconvenience to your employer should be your first concern. 

I can't speak for other agencies, but as the owner of a recruitment agency, I would certainly not deal again with any candidate or client who broke a contract. 

Ireland and Dublin is a very small place and such behaviour often costs you in the long run.


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## Setanta12 (25 Nov 2009)

Thanks Brendan - thats what I thought.

The agency I'm with have me as an employee i.e. they pay me a wage and deduct the PAYE as a normal employer would.  However is it possible to go as a contractor toi the agency i.e. I invoice the recruitment agency whats agreed between us. 

(I'm already registered as a sole-trader with Revenue and have one or two clients in my own spare time to whom I issue invoices. I understand that there was a Revenue tightening up a few years ago on this issue and they doirected that ordinarily contractors of recruitment agencies should be treated as employees. But can it work the other way if the facts point to it ? Does this happen ?*)


*my particular agency didn't think so, and I was reluctant to push it - just glad to land the contract.


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## wheeler (30 Nov 2009)

Have you got a notice period written into your contract. Most people do so check it. (If not then just make sure you do on the next contract).
Then, as you say, it's just like leaving a full time job - give your notice and leave.


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