12/09/2024 – 12:09
Minister Cristiano Zanin, of the Federal Supreme Court (STF), requested a review and suspended the trial of three lawsuits that question the validity of the intermittent contract, created in the 2017 labor reform. This type of work formalizes temporary services, the so-called “side jobs”. The trial was held in the virtual plenary session that began last Friday, the 6th. So far, the score is 5 to 2 in favor of maintaining this type of contract.
Intermittent contracts meet seasonal demands, that is, the employee only provides services when called upon.
According to the union entities that filed the lawsuits, such a contract violates human dignity and causes precarious employment relationships.
Advocates say this type of employment relationship increases job creation among younger people.
In 2020, the rapporteur, Edson Fachin, voted to accept the actions and stated that the intermittent workday promotes the “instrumentalization of the human workforce” and threatens the physical and mental health of workers. He was followed by Minister Rosa Weber, who has now retired.
Minister Kássio Nunes Marques opened the dissent, defending the legitimacy of the intermittent contract. He argued that this new modality has the advantages of “promoting more flexible working hours for employees” and “reducing company costs”.
He also stated that intermittent work does not necessarily cause a reduction in income, and even contributes to reducing unemployment.
Ministers Alexandre de Moraes, Gilmar Mendes and André Mendonça voted in the same direction.
Minister Luiz Fux also voted to maintain the intermittent contract, but pointed out an “unconstitutional omission in the rules” for this type of workday and proposed setting a deadline of 18 months for Congress to define rules.
For him, the parameters created in the labor reform “prove to be insufficient to guarantee minimum respect for constitutionally protected rights”.
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