After the labor reform came into effect in 2017, three special hiring regimes came into force in Brazil, which may vary according to the demand and needs of employers.
In Brazil, the hiring of temporary workers at the end of the year to account for the increase in trade sales and the movement in the service sector should be the highest in the last six years, the information came from the survey carried out by the National Confederation of Commerce of Goods , Services and Tourism ( CNC ). Get to know the Digital Work Card (CTPS) and learn how to access it.
Keep reading to understand the three types of contracts in force in Brazil, after the labor reform came into effect in 2017.
Temporary job
The employee must be hired by a temporary work company, which makes him/her available to a company that receives services. The duration of the contract cannot exceed 180 calendar days, and may be extended for another 90 days, just once.
The law guarantees remuneration equivalent to that of employees of the same category in the company, calculated on an hourly basis. The amount cannot be less than the regional minimum wage (floor valid in the state).
In addition, workers are entitled to proportional vacation pay, the Severance Indemnity Fund (FGTS), contributions to Social Security benefits and services (INSS) and occupational accident insurance. He does not receive, as provided by law, the termination fine of 40% in case of dismissal without just cause.
The working day is a maximum of eight hours a day, and may last longer if the service provider or the client uses a specific working day. Hours that exceed the normal working day are remunerated with an increase of at least 50%. When the person works at night, the increase is at least 20% of their remuneration.
The service provider or the client is subsidiarily liable for labor obligations relating to the period in which the temporary work is carried out.
Intermittent work
Before the entry into force of the labor reform, there was no legal provision for hiring intermittent workers in Brazil, although the modality already existed in other countries, such as the United States and the United Kingdom.
The model is generally used for hiring employees in the service sector — especially restaurants — and in activities where demand varies according to days and times.
According to the law, the intermittent worker is hired with a formal contract, but his remuneration is proportional to the period effectively worked, receiving salary by the hour or by the day in which he is summoned.
The worker is also entitled to proportional vacations, FGTS, contribution to the INSS and 13th salary. The contract must establish the hourly rate, which cannot be less than the minimum wage per hour or the remuneration of other colleagues who perform the same function.
The employee must be summoned at least three days in advance and may refuse the call. The periods in which the employee is not providing services are not considered time available to the employer, which allows him to assume services with other employers, if he so desires. In the period of inactivity, he can provide services to other contractors.
part-time job
The employee under the contract part time, is every salaried worker whose activity lasts less than that of full-time employees, 44 hours a week or 220 hours a month.
There are two forms of hiring. The first establishes a journey of up to 30 hours per week, without the possibility of overtime.
The other permits a 26-hour shift per week, with the possibility of six overtime hours, with an additional 50% on the normal salary. Overtime can be offset the following week or must be paid off on payroll.
Workers hired on a part-time basis have the same rights as any employee with a formal contract, such as vacation, 13th salary, FGTS, contribution to the INSS, paid weekly rest, prior notice and additional payments.
Vacations will be granted in the same way as for full-time employees of 44 hours a week, that is, in periods ranging from 12 to 30 days (depending on the number of absences by the employee). Brazil's labor reform also provides that employees under this regime have the right to convert 1/3 of their vacation into a cash allowance.
