Fundamental rights and intermittent labor contract in Brazil: a propositive reading

Abstract

Intermittent work is an old social fact in Brazilian society. The absence of regulation to this type of service rendered the precariousness of the relationship and, consequently, high labor condemnations. The intermittent contract is already used in several countries, where it can be called a zero- hour contract or contract to call, always based on the premise of the payment of work per hour actually worked. The Labor Reform inserts the intermittent contract in § 3 of article 443, developing it in articles 452-a and following. There was a temporary amendment by Provisional Measure No. 808/2017, which lost its validity in April 2018 and is currently in force with the Ministerial Order that regulates it. The study analyzes the intentions of the legislative proposal and, on the basis of the principle of good faith (which also applies to the legislator), considers it favorable to the Brazilian employment market, especially with regard to the delivery of a minimum standard of fundamental guarantees .