By 8 votes to 3, ministers maintained the changes made to labor legislation in 2017
The STF (Supreme Federal Court) decided this Friday (Dec 13, 2024) to confirm the constitutionality of the intermittent employment contract, included in the CLT (Consolidation of Labor Laws) by the 2017 labor reform.
By the score of 8 votes to 3, the ministers maintained the changes that were made in labor legislation to insert the hiring model.
The case entered trial in the Court’s virtual plenary session last week after being interrupted in September this year due to a request for review.
The score for the validity of intermittent work was formed by the votes of ministers Nunes Marques, Alexandre de Moraes, André Mendonça, Luiz Fux, Gilmar Mendes, Cristiano Zanin, Luís Roberto Barroso and Dias Toffoli.
Rapporteur Edson Fachin and ministers Cármen Lúcia and Rosa Weber, who gave their vote before retiring, considered intermittent work unconstitutional.
The actions that challenged intermittent work in the STF were filed by unions that defend gas station attendants, telemarketing operators and industry workers.
For entities, the model favors the precariousness of the employment relationship and the payment of wages below the minimum wage, in addition to preventing collective organization of workers.
As defined in the labor reform, the intermittent worker is paid for hours or days worked, and has vacation, FGTS and 13th salary in proportion to the period worked. The contract defines the hourly rate of work, which cannot be lower than the minimum wage per hour or the remuneration of other employees performing the same function.
The employee must be summoned at least 3 calendar days in advance. During your downtime, you can provide services to other companies.
With information from .
