The intermittent employment contract is a type of non-continuous provision of services, which has subordination and which takes place alternately between periods of service provision and inactivity.
In addition, this type of work has certain hours, days or months, regardless of the type of activity of the employee and employer, with the exception of aeronauts, who are governed by their own legislation.
This type of work was widely used in the first year of the covid-19 pandemic, where more than 50% of the vacancies created were for the intermittent modality.
This modality of work was implemented in the country through Law 13,467 of July 13, 2017 and, from that moment on, it is being increasingly used in various market segments.
However, there are still many doubts about this modality and it is these doubts that we will explain in this article.
Continue with us and understand what characterizes an intermittent activity? What is the form of convening? Among other important questions.
Good reading!
What is an intermittent job, anyway?
The definition of intermittent work that Law 13,467/2017 brought to the Brazilian legal system is:
“Intermittent Employment Contract is a non-continuous provision of services, with subordination, which occurs with alternating periods of service provision and inactivity, determined in hours, days or months, regardless of the type of activity of the employee and employer (except for aeronauts, governed by their own legislation).”
This means that intermittent work is one that alternates between call periods and breaks of hours, days or months.
In addition, since the Temer government’s Labor Reform took place in mid-2017, registration for intermittent workers has become mandatory.
Even, according to Ives Gandra Martins Filho , Minister of the Superior Labor Court, “the 2017 Reform took a substantial step towards filling gaps, disciplining (…) intermittent work”.
This means that this modality regularized an old work problem across the country, the famous “bico”.
This is because the existence of informal activity is nothing new, which violates the employee’s labor rights, due to the fact that it is not present in the Consolidation of Labor Laws (CLT).
In this way, informal activity is also not governed by legal regulatory instruments, and, based on this scenario, this situation was corrected through the intermittent modality.
At the same time, it is important to highlight that the rules of individual and collective agreements are equally valid for intermittent workers under the terms of article 7 of the CF and article 611 of the CLT.
What sets up an intermittent job?
When we talk about intermittent work, several concepts typical of traditional admission models are not applied in this modality.
This happens because this type of hiring, in order to be configured, has its own characteristics and requirements, which are different from the labor relations carried out before its approval.
Thus, for the intermittent work to be configured it is necessary:
- That the call for work be made at least 72 hours in advance;
- The time for accepting the call is up to 24 hours;
- It is not mandatory that the summons be accepted;
- Forecast of a fine in case of confirmation with later withdrawal;
- Immediate payment at the end of each period worked;
- Prediction of periods of inactivity;
- Due registration in the work portfolio;
- 13th salary, vacation installments and paid weekly rest provided for in the payment;
- Possibility of the worker providing services to more than one employer.
After this list we made, it is easier to notice how different aspects of the intermittent contract are different from the usual contracts.
Thus, it is important to highlight the importance of companies’ legal and human resources departments being prepared and able to deal with their demands and forecasts.
What mischaracterizes the intermittent contract?
A fact that ends up mischaracterizing the intermittent work contract is the fulfillment of the workload.
This is because the limit of 44 hours a week, or 220 hours a month, that the professional who works under the CLT regime, the intermittent worker, cannot work with a single employer in the intermittent employment contract.
If this occurs, the work model is mischaracterized and is considered traditional.
Thus, to be considered intermittent, there must be periods of inactivity from one call to another in the same company.
It is worth noting that there is no legal determination regarding the minimum time to provide the service, which means that the professional may be called upon to provide only a few hours of work.
Why was this modality created?
As previously mentioned, the purpose of this type of employment contract is to help formalize the provision of services on an intermittent basis, as it allows the company to formally hire an employee for a specific job.
Such work is remunerated during the effective period of service and the employee receives those relating to constitutionally guaranteed rights and other applicable rights and benefits, in accordance with the period of service provision.
That said, this type of work was created both to formalize workers who worked informally, as well as to help with the company’s financial programming, which will only remunerate intermittent work when necessary.
In 2019, after several questions about the intermittent employment contract, the 4th panel of the Superior Labor Court (TST) considered it valid.
So much so that the rapporteur, Minister Ives Gandra, highlighted at the time that:
“The introduction of rules for intermittent work in our legal system was due to the need to grant basic rights to a multitude of workers who were in informality. It does not generate precariousness, but legal security for workers and employers, with clear rules that encourage the creation of new jobs.”
Thus, it is clear that intermittent work was created to facilitate the hiring of employees to carry out certain activities, whenever necessary.
What are the advantages and disadvantages of intermittent work?
Now let’s talk a little about the advantages and disadvantages of intermittent work, check out:
Benefits
The advantage for the employer is that he will only pay for the services that the employee performed during a certain period, and in the period of inactivity he is free of remuneration.
This allows you to make more investments, hire more labor at certain times of the year that are in high demand.
The companies that hire the most intermittent workers are:
- Bars and restaurants ;
- Hotels;
- Buffets;
- Nightclubs that have the high season in the holiday months.
Now, the advantages for the employee with the recognition of intermittent work is that he will be entitled, during the period in which he is effectively working for the company , to the benefits that formal workers receive, such as:
- 13th salary,
- Vacation;
- FGTS, etc.
In addition, during the period of inactivity, he can work for another company or employer provided, logically, the contract is also in the intermittent modality.
Disadvantages
The disadvantages of this type of work, among others, are:
- The greater instability;
- The lack of a fixed income guarantee for a reasonable period, and;
- The employer’s release from compensating the employee for downtime.
This means that workers have to look for other means to supplement their income or accumulate more than one job for a considerable period of the year, which ends up harming their quality of life.
Another very complicated point in this type of work is the issue of vacations.
This is because, every 12 months, even if the work is not continuous, the intermittent worker will be entitled to vacation, and, therefore, cannot be summoned to work by the employer.
However, vacation pay is not the same as for formal workers.
Because, instead of being deposited along with your last salary, the vacation remuneration is distributed during the year along with the salary.
Thus, the intermittent worker will receive his normal salary with an increase that represents the percentage of the total vacation.
This may seem like an advantage at first, however, the worker who does not have a correct financial plan will be tempted to spend that money before going on vacation, which will end up harming his vacation.
What are the rights of the intermittent worker?
Intermittent workers are entitled to most conventional labor rights .
He will receive the FGTS, deposited in the Caixa account, in addition to being able to enjoy rights such as maternity leave, work accident insurance and the aforementioned overtime.
In addition to these rights, the main rights of intermittent workers are:
- Wage;
- Collective holidays and with an increase of 1/3;
- Paid weekly rest;
- 13th proportional salary;
- Legal additions.
As for the social security contribution, this is an employee’s duty.
Thus, he needs to contribute on the total amount of the month, taking into account his summons, in order to pay his share of Social Security if he wants to retire with the minimum wage.
What should the routine of an intermittent job look like?
Even if the intermittent worker ‘s routine is not very strict, it is necessary to emphasize that he needs to be available to the contractor every time he is called to work.
However, this call needs to be made in advance and he can refuse this call.
For this reason, the deadline for him to accept the summons is one day, and if this does not happen, the offer will be considered rejected.
Now, if he accepts the service, he must assume the position for the time stipulated in the contract and fulfill all the obligations that were determined in his contract.
How to summon the intermittent worker?
The call for the provision of services must be made at least three days in advance by the employer, by any effective means of communication.
The employee has up to one day to respond to the summons.
What should be included in an intermittent employment contract
The intermittent work contract must be done with great care, mainly because it is a very recent type of work.
In addition, the company needs to pay attention to all the details of the contract, which will be drawn up by an experienced labor lawyer.
Below we separate some points that cannot be missing in the intermittent employment contract, check it out:
- Worker identification;
- Amount to be paid per hour or per day of work (which can never be less than the proportional value of the minimum wage);
- Place of payment (which should preferably be made via bank deposit);
- Deadline for payments;
- Locations where the services will be provided;
- Shifts in which the intermittent worker can be summoned to provide his services;
- Ways or tools that will be used to convene the provision of services;
- Means to reciprocally repair, in case there is a possibility of cancellation of services.
– Examples of intermittent employment contract
This modality of work is not restricted to just one sector , because all segments can use this modality.
Thus, we separate the main segments that use the intermittent work contract
- Food sector: restaurants and snack bars hire waiters;
- Teaching institutions: hire teachers for a certain period;
- Food industry: hires production assistant for periods with more work;
- Trade and retail: hire salespeople for festive periods such as Christmas, New Year, Mother’s Day, among others;
- Metallurgical: hires the professional to produce a specific part;
- Medical office: hires the professional for some specific demand.
These are the main segments that hire intermittent workers.
How many days can the intermittent work?
In the intermittent contract, the worker can work every day.
However, he must have accepted the prior call and such hiring is in accordance with the maximum working hours provided for by law, as well as the other requirements of the category.
How to terminate an intermittent worker?
Termination of the intermittent employment contract takes place automatically whenever the company does not call the worker for a period exceeding one year .
In addition to this, there are other situations that lead to the termination of this type of contract, which are:
- Dismissal for just cause;
- Indirect termination of contract, that is, at the request of the employee due to any breach of contract;
- At the request of the company.
Frequently asked questions about intermittent work
Now, let’s clear up the main doubts about intermittent work so that you don’t make any more mistakes in your company.
Check out!
Are those who work on an intermittent contract entitled to unemployment insurance?
No, unemployment insurance is the only exception for intermittent work compared to the conventional contract, when it comes to employee rights.
Are those who work intermittently entitled to PIS?
Yes, the individual who works under the intermittent employment contract regime has the right to receive the PIS/PASEP wage bonus, as with all other employees who work with a formal contract.
However, there are rules for receiving PIS that are stipulated by the social security system, they are:
- Be registered for at least 5 years in the PIS;
- Having received an average remuneration of up to two minimum wages from an employer for the period worked in the base year;
- Have worked with a formal contract for at least 30 days in the base year;
- Be included in the RAIS – Annual List of Social Information – relevant to the base year.
In this way, the intermittent worker has all his rights guaranteed by the CLT
What are the differences between intermittent work and self-employment?
Intermittent work is often confused with other modalities, such as self-employed workers, temporary workers or part-time workers.
The main differences between these forms of hiring are:
- During the duration of the employment contract.
- Calculating hours worked.
In addition, in the intermittent employment contract, the main characteristic that differentiates it from other types of contracts is the non-continuity of service provision.
In this way, he has a formal bond with the employer and must follow the company’s guidelines.
As for the freelancer or self-employed professional, his main characteristic is that he works liberally, that is, he has no employment relationships or subordination.
Therefore, he is his own boss and has the autonomy to decide the best way to carry out his work.
Importance of Corporate Health for your work team
Although the CLT provides that the company must create a healthy and safe work environment, there are no rules regarding the provision of benefits such as a health plan or a gym voucher, for example.
But even so, it is important to offer a benefit package that will contribute to attracting and retaining talent, in addition to promoting several advantages for both parties: employers and employees.
Check out other reasons to apply health management in organizations:
- Responds to an important demand;
- Helps employees to be more productive;
- It makes the use of resources more strategic.
Get to know Conexa Corporate
Conexa Corporate is an ideal and complete platform for all companies, because with it you can achieve wonderful results in the health of your employees and companies.
In this way, its employees, including the intermittent ones, become healthier and more motivated, and this helps to reduce absenteeism and the occurrence of accidents.
This happens due to the medical care that Conexa Saúde offers, as with it it is possible to reduce the trip to the emergency room by 70%.
This platform offers online emergency care 24 hours a day, 7 days a week, thus ensuring the life and well-being of its employees without them having to leave their homes.
In addition, we list other benefits of Conexa Corporate, check out:
- Provides medical care for all its employees, regardless of location;
- It has the best medical team in the country connected to its collaborator;
- It has the most important specialties within reach of its employee and dependents in an easy, fast and safe way;
- It has data protection, which is one of my pillars, as its servers are in the cloud and all connections are encrypted, following international security protocols.
- It’s a simple and intuitive platform for your employee to make their queries.
- Monitor and control the evolution of your company’s health:
- Controls absenteeism; Dismissed Dashboard; Information security following HIPAA Compliance rules.
Conclusion on intermittent work
As informed throughout this article, the intermittent hiring modality is quite new and was introduced with the labor reform.
For this reason, it is essential that the employer and the employee pay close attention to everything provided for by law.
Therefore, both must be very attentive to hiring this type of worker only for specific situations, such as meeting an eventual demand.
In addition, it is necessary to take into account the employee’s professional category, to find out if it allows the contract to be made under this regime, as there are some collective agreements that can prevent this possibility.
Details aside, it is essential that both the employee and the employer fulfill what was agreed, from the beginning to the end of the bond.
Because this will ensure greater safety for everyone in addition to preventing inconvenience from occurring in the future.