STF speaker votes to make intermittent contract unconstitutional | Politics

Fachin is a speaker on the subject at the STF, and the trial will resume this Thursday (3), with the votes of the other ministers.

Intermittent work was instituted in 2017, through the new labor law. It consists of the worker being hired with an employment contract, but without a minimum working day guarantee.

In the modality, the worker is called according to the needs of the company and, thus, can spend months without working and, consequently, without pay.

The STF debates whether the regime violates constitutional principles such as human dignity and makes labor relations precarious.

In presenting the vote, Fachin argued that it is not possible to renounce the labor rights enshrined in the Constitution.

“The argument that the specificities of the labor market could provide that employees and employers can freely decide the terms of this intermittent employment contract is understandable. Although it is understandable and dignified, it finds no refuge in constitutional guidance,” he said.

According to the rapporteur, “in the absence of a minimum working day and minimum wage, it is necessary to recognize that the figure of the intermittent contract, as regulated by law, does not sufficiently protect fundamental social and labor rights.”

Data from the Brazilian Institute of Geography and Statistics (IBGE) show that, in two years, the number of workers hired in intermittent work in Brazil doubled. The Northeast Region leads, in proportion, this type of contracting.