Modality allows the worker to be called up to work and paid by the hour, day or month, with payment not being less than the minimum wage; on the other hand, it compromises human dignity, as it does not ensure a stable routine
Last Friday (14), the confirmed the constitutionality of the intermittent employment contract, with a vote of 8 to 3. This modality, introduced by the 2017 labor reform, can now be adopted by companies. The case’s rapporteur, Minister Edson Fachin, had a contrary view, considering this form of hiring unconstitutional, but the majority of ministers, including Kassio Nunes Marques, argued that it offers protection to workers who work informally.
The ministers who were in favor of the intermittent contract maintained that this modality provides greater social protection compared to informal workers. On the other hand, Fachin, Cármen Lúcia and Rosa Weber expressed their objections to the model. Although the decision was already awaited, there are still gaps in the legal regulations surrounding this type of work, which creates uncertainty.
The intermittent contract is established for an indefinite period, allowing the worker to be called upon to work and paid by the hour, day or month, with payment not being less than the minimum wage. However, it is possible for the worker’s monthly income to be below the minimum wage, depending on the number of hours they actually work. At the end of each service provision, professionals are entitled to receive the corresponding salary, proportional holidays, proportional 13th salary and other additional benefits, if applicable. However, critics of the model argue that it compromises the worker’s dignity, as it does not ensure a stable work routine.
*Report produced with the help of AI
Posted by Victor Oliveira
