A incongruência do trabalho intermitente com o ordenamento jurídico brasileiro

Abstract

Intermittent work is an atypical form of hiring inserted in the brazilian labor law by 13.467/17 law. This is a new form of employment relationship that clashes with basic labor law concepts, such as duration of work, time available to the employer, form of remuneration and theoretical mitigation of direct subordination in the inactivity periods. In order to understand the critical points of this contract, the research sought inspiration in European countries that have already adopted this figure in their legal system. Therefore, it explores how intermittent contract works in England, Netherlands, Portugal and Italy. The last two have cultural similarities with Brazil, therefore, They were chosen as na object of research. Otherwise, England’s employees work in zero hour contracts, a modality that may resemble the brazilian model. Finally, the Netherlands employers also use zero hour contracts, but unlike England, maintains extensive regulation of this form of contract, making its analysis relevant. Furthermore, the perspective of the ILO and the European Community is highlighted too. At first, it is intended to understand whether the intermittent employment contract is precarious, what are it’s biggest problems and how they can be mitigated or elided. Based on these premises, it is questioned how it is possible to increase the working condition in intermittent contracts, turning this adjustment legally safe and fit to the brazilian constitutional and legislative context. Considering the current law, the group os emplyoees who already work in this conditions and the inexistence, so far, of a declaration of unconstitutionality by SFC (Supreme Federal Court), it mades an attempt to find in collective bargaining the answer to improve the work conditions and make this contract suitable for the brazilian labor legal system. To achieve this objective, this research used the deductive approach method, with a mixed approach. The research concluded the collective bargaining can improve the social condition of this workers, mitigating its deleterious effects. As na example, it is possible to reduce contract instability by establishing a minimum workload and mitigating the lack of social protection by charging the employer on payment of social contributions to guarantee the maintenance of the employee’s safety quality.