Learn about the main advantages and disadvantages of intermittent employment contracts.
It is essential for the HR department to be strategic when defining the most efficient employment contract for the company and its employees.
This performance then contributes directly to the company's overall planning and management - which includes the company's productivity and even reducing labor costs.
What may go unnoticed by many professionals are the possible hiring models available. Therefore, this kind of knowledge is essential for a company's human resources.
Intermittent employment contracts
The intermittent employment contract can still generate many doubts, considering that it is a new type of contract, established and regulated by the new Labor Reform.
Provided for by Law No. 13,467/2017, intermittent employment contracts now allow services to be provided on a discontinuous and sporadic basis, which can then take place over alternating periods, which can be months, weeks or hours.
In fact, this work practice was already being adopted informally, even before the labor reform, however, with the new law, it is now possible to have an informal work environment. regulation in this contracting model.
How does the intermittent work contract work?
In this type of working arrangement, it is up to the worker to accept the proposed contract - regardless of the number of hours or days to be worked.
As such, the worker is also free to accept or have more than one employment contract within this modality.
However, attention must be paid to the obligations inherent in this type of contract. The intermittent worker has 24 hours to accept the offer, and failure to do so can be understood as a refusal on the part of the employer, who is free to fill the vacancy.
As for the hirer, the call for work must be made no later than three days before the work is due to start.
Once the intermittent agreement has been concluded, if there is a breach of contract without a plausible justification, either party that breaks the contract will then have to compensate the other in the amount of 50% of the established amount, and it is also permitted to make up the hours within a period of 30 days.
How do you formalize an intermittent work contract?
To formalize an intermittent work contract, it must be in writing, signed by both parties.
Therefore, in order for this type of contract to be official, some essential and mandatory clauses must be observed:
- 452-A, caput, of the CLT: It is mandatory to stipulate the amount that will be paid to the worker, which must be higher than or proportional to the amount paid to workers who perform the same function in the company - whether by intermittent contract or not.
- 2, I, of Ordinance No. 349 MTB: the identification, signature and registered office or domicile of the employer and contractor.
- 2, III, of Ordinance No. 349 MTB: The definition of the place and time of payment for the service performed.
It's worth remembering that apart from the mandatory clauses, it's important to think about any points you want to add, always aiming to avoid conflicting information about how the service should be carried out.
Therefore, it is worth remembering other information that may be pertinent to add to employment clauses:
- Form of call: (email, whatsapp, phone call, etc.)
- Work shifts and schedules
- Indication of minimum hours worked
In addition, failure to work for a period of more than 12 months - either on the part of the employee or at the company's request - results in the automatic suspension of the employment contract.
What are the rights of an intermittent worker?
Above all, the intermittent work contract model allows workers to enjoy rights that informal work often does not guarantee.
The person employed on an intermittent contract is entitled to receive immediate and proportional pay at the end of each period:
- Vacations and ⅓ proportional to the period worked;
- 13th birthday proportional to the period worked;
- Paid weekly rest;
- Other bonuses provided for by law or in the collective bargaining agreement for the category;
Intermittent employees have the right to one month's vacation, regardless of how long they have worked during the twelve months of the contract, so the company must refrain from calling them in during this period.
In this way, vacation pay is not paid when it is granted, as it is already deposited in the period of each payment made.
The contracting company must pay the worker's INSS and FGTS, as this is the employee's right.
What are the obligations of an intermittent worker?
Workers hired as intermittent workers must pay attention to their contractual obligations: they are subordinate to the company, unlike self-employed workers.
As such, the intermittent worker will need to follow the processes and guidelines established by the company's managers, leaving it up to the contractor to supervise their work or not.
The advantages of intermittent employment contracts
This type of employment contract allows for greater flexibility in working hours, thus enabling the worker to have other contracts, consequently increasing their income.
For the company, the intermittent contract makes it possible to place workers where they are actually needed, thus optimizing time and guaranteeing significant savings in the long term.
Among the segments that benefit most from this type of contract are: construction, bars, event companies, maintenance assistants, among others.
How to calculate the values of an intermittent work contract
So, considering the points presented throughout this article for the intermittent contract, let's use as an example the case of a worker whose category receives R$1600.00 per month for working 7.2 hours a day from Monday to Saturday.
So, if you were to call for a service lasting 5 hours, the contract would be:
Hourly wage
07h20min per day = 440 minutes per day
440 minutes x 30 days = 13,200 minutes per month
13,200 min/60 min = 220 hours per month
R$1,600.00/220h = R$7.27
Normal hourly wage = R$7.27
05 hours of service x R$ 07.27 = R$ 36.40
Total summons salary = R$ 36.40
Vacation pay + 1/3
R$ 1.600,00 + 1/3 = R$ 2133,35
R$ 2133.35 = 12 months' work
01 month's work = 220h
12 x 220h = 2,640h per year
05h/2.640h x R$ 1.795,20 = R$ 4,05
Amount of the thirteenth:
R$ 1,600.00 = 12 months' work
01 month's work = 220h
12 x 220h = 2640h per year
05h/2.640h x R$1.600,00 = R$ 3,03
FGTS amount:
Under Salary = R$ 36.40 x 0.08 (08%) = R$ 2.90
On vacation + 1/3 = R$ 4.05 x 0.08 = R$ 0.32
Under the thirteenth = R$ 3.03 x 0.08 = R$ 0.25
