One of the components of labor reform and intermittent work has been widely discussed today .
Prior to its implementation, the way of carrying out this type of work had never been regulated by law, in addition to being considered a subjective point for the Consolidation of Labor Laws (CLT).
In this way, so that you, the reader, understand better about how the intermittent employment contract works , we have elaborated this content. Shall we start our discussion?
What is intermittent work?
The intermittent work came to legalize the work that is done without a journey of fixed hours. It became legal due to the labor reform, in the provisional measure nº 808, of 2017 .
Thus, this regime is a form of labor contract in which the employee performs activities sporadically, having the work interspersed with breaks.
Therefore, companies that hire workers on an intermittent period will pay them during the moment when they do the job, which can be a great benefit for companies.
Before legalizing this option, CLT did not have any regulations for this hiring, because, until that moment, the shortest legal workday was only 25 hours a week.
Thus, after the labor reform, intermittent work changed from 30 hours a week or up to 26 hours, with the possibility of doing more than six extra hours a week.
In addition, intermittent work has no established minimum workload, with no specific activity dates for the employee and is different from the partial regime, however it is necessary to respect the limits of 44 hours per week and 220 hours per month.
What is the difference between intermittent work and self-employment?
At first, the entrepreneur may have doubts about what intermittent work is with autonomous work. Thus, it is necessary that the Human Resources department knows the differences in the work modalities.
Thus, if your company needs to hire a self-employed professional, you need to understand that it works providing the services.
For the contractor, it is necessary to decide on what the contractor should deliver and when it will be delivered.
However, who determines how it will be carried out and the number of hours to be fulfilled is the self-employed professional himself. In this way, there is no subordination of the professional to whoever hires him.
How does intermittent work work?
The intermittent worker, unlike the self-employed worker, is subordinate to whoever hires him. Therefore, it is necessary to obey the commands and processes determined by the organization’s managers.
However, this subordination is not continuous. They occur in periods of alternating service and break times, establishing how intermittent work will work.
In addition, it is important to know that those hired as intermittent workers have rights to tax payments and CLT benefits.
Thus, intermittent work is used in:
- Restaurants;
- Nightclubs;
- Buffet;
- Bars;
- Event companies, among others.
Important items that involve intermittent work
After discussing the concept of intermittent work , know now what are the important items involved in intermittent work .
Workload
One of the main points of creating intermittent work is the hours worked.
Before implementing this system, the legislation required at least 30 hours of workload per week.
However, there is no minimum limit for the number of hours worked per week by those working intermittently. Even so, you only need to do 44 hours a week or 220 hours a month.
Routine
The employee’s routine, although it is not clear, intermittent employees must always be at the company’s disposal when there are calls for work.
However, it is necessary that the company call the professional in advance, as it is necessary that he has at least three working days to do the task.
From when the worker is called, he has a day to answer. If the company does not respond, the offer will be refused.
If the contractor does not provide the service to the company, he also does not receive it. However, the employee can work in other companies.
Payments
Payment for services performed through this work regime is made immediately after the service. It should also include:
- Proportional vacations with an increase of one third;
- Thirteenth proportional salary;
- Paid weekly rest (corresponding to the Sunday or day off for the category);
- Legal additions such as unhealthy and dangerous, if applicable.
In addition to these points, an employer must also collect and pay this employee’s social security contribution and the Severance Indemnity Fund (FGTS) based on monthly values.
The employee will receive, together with the payment, a receipt, showing all the amounts related to each of the mentioned remunerations.
Termination
According to the provisional measure, when the worker is no longer summoned by the business within a period of one year, his contract will be automatically terminated.
Therefore, the worker will have the right to:
- 50% of the amount of prior notice;
- 20% of the FGTS balance as compensation;
- Other labor funds in full;
- FGTS withdrawal will be limited to up to 80% of the deposit amount.
