Supreme Court recognizes the constitutionality of intermittent work

In brief

On Friday, December 13, 2024, in a virtual hearing, the Federal Supreme Court has decided, after extensive discussions, by a majority of votes, to declare constitutional the intermittent work, introduced by Law No. 13,467 – the Labor Reform of 2017.

More details

The modality discussed consists of providing services on an alternating basis, without regularity, with gaps between periods of work and inactivity. Therefore, the employer only attends work when requested in advance by the company, being paid for the hours worked and previously determined, without any contractual exclusivity.

The main points addressed by the Panel Justices who voted in favor of the constitutionality of the intermittent work are based on the idea that this modality, despite its flexibility, does not alienate workers from their main rights. Moreover, Justice Nunes Marques, being the first one to consider the constitutionality of the modality, stated that the intermittent work contract guarantees the employee the payment of all the amounts provided for in the labor legislation. Furthermore, Marques stated that intermittent work provides flexibility for workers and offers them new opportunities in the labor market. Therefore, is not a cause of reduction in individuals income, but rather a reduction in unemployment.

In this regard, Justices Gilmar Mendes, Luís Roberto Barroso and Dias Toffoli concurred with his understanding.