O contrato de trabalho intermitente: a precarização do trabalhador intermitente após a reforma trabalhista

Abstract

With the Labor Reform of 2017, several provisions were amended in the Consolidation of Labor Laws (CLT), as well as enabled the creation of other provisions related to the employment relationship, one of them being the intermittent employment contract. This modality refers to the provision of services on a casual, non-continuous or sporadic basis, and the activity may be performed in hours, days or months, with the worker being free to perform other services for different employers. In view of the discussions about the legal security for workers and employers, this article aims to verify whether the intermittent work contract makes working conditions more precarious and makes labor rights more vulnerable. Although the Labor Reform has made the rules regarding labor contracts more flexible, still being advantageous for companies that have unpredictable demands, it is questioned whether this model makes working conditions more precarious and disrespects the rights of workers protected constitutionally. To this end, the hypothetical-deductive method is adopted as the methodological procedure of research, and as a research technique the bibliographical and legislative survey will be used, through the analysis of legal diplomas, scientific articles, and doctrine to achieve the listed objectives. In short, it was found that the intermittent work contract brings more negative than positive impacts to workers, especially by instituting form of work without any kind of guarantee, contributing even more to the scenario of precarious work that has been observed today. Finally, it was verified that the greatest beneficiaries of the implementation of this type of contract are the employer, who will have several employees at his disposal, while the employee will have to bear the risk of the work activity.