Contrato intermitente

Abstract

The objective of this paper is to analyze the new modality of employment contract introduced on art. 443, CLT, by Law No. 13467/17, with amendments and additions made by Provisional Measure No. 808/2017. It aims to study the characteristics of the intermittent contract, as well as its pros and cons, analyzing the criticisms made to the type of contracting. Firstly, the requirements for hiring in the intermittent mode will be analyzed, presenting in detail the article 452-A, of the CLT, following, all the articles included by the labor reform. Next, the "intermittence", an essential requirement of this contract, will be analyzed in parallel with the concept of time at disposal of the employer, demonstrating the contradiction of the legislator and the violation of the provisions of art. 4, of the CLT. Later, an analysis of social security legislation will be done in an attempt to demonstrate that the intermittent employee has been excluded from the concept of compulsory social security insured, and may even be excluded from the system itself and prevented from enjoying the social security benefits. Also, a comparison will be made with other contracting modalities existing in other countries, and those may have influenced the intermittent contract in Brazil, given the immense similarity between them. The present paper also has a study case, presenting a decision done by the Higher Labor Court, whose rationale is contrary to the new modality proposed by the labor reform. Finally, the work aims to provide a reflection on the legality / constitutionality of the intermittent contract in the midst of the relativization and the precariousness of workers' rights