Intermittent Work in Brazil: How It Works in Practice

This page is a translation of the original Portuguese text, provided for convenience. It deals with Brazilian law. If there is any discrepancy, the Portuguese version prevails. Read the original in Portuguese

An intermittent work contract allows non-continuous work, with specific call-ups and pay proportional to the time actually worked.

What intermittent work is

Intermittent work is a type of employment contract recognized by Brazilian labor law. It allows services to be performed on a non-continuous basis, alternating between periods of activity and inactivity, measured in hours, days, or months. The employment relationship remains in place throughout the entire contract, even when the worker is not being called in to work.

This arrangement was designed for seasonal activities, events, hotels, restaurants, retail around holidays, and other sectors where demand fluctuates significantly over time. Despite its flexibility, the intermittent contract is subject to the general rules of labor law and creates the same ties of subordination and compensation as an ordinary employment contract.

In practice, the company hires the worker without guaranteeing a fixed monthly schedule and calls on the worker as needed. In turn, the worker is not required to accept every call-up and may decline a request without that being treated as insubordination or serious misconduct.

Call-ups, acceptance, and working hours

The company must issue the call-up by any effective means of communication, with the minimum advance notice set by current law. The call-up must state the working hours to be performed, so the employee can decide whether he or she is available.

After receiving the call-up, the worker has a set period to respond, and silence is presumed to be a refusal. A refusal does not terminate the contract or undermine the employment relationship, as current law provides. This model aims to preserve the worker’s autonomy, even within a formal employment relationship.

Properly formalizing the intermittent contract protects both the company and the worker, avoiding liabilities and ensuring that the obligations undertaken are secure.

When an employee accepts a call-up and then fails to show up without a justification, the consequences provided in the contract may apply, such as payment of a proportional penalty. Likewise, if the company issues a call-up and then cancels without a legitimate reason, it must compensate the worker for the losses caused.

Rights guaranteed to intermittent workers

Although pay is proportional to the time actually worked, intermittent employees are entitled to all basic labor rights, calculated in proportion to the period of activity. These include vacation pay plus the constitutional one-third bonus, the thirteenth-month salary, paid weekly rest, statutory premiums where applicable, and social security contributions on the amounts received.

For each period of work, the employer must pay the worker at the end of the period, together with the corresponding proportional amounts. This format, known as joint payment, spares the worker from waiting long periods to receive vacation pay, the thirteenth-month salary, and other amounts that are normally paid annually.

Our legal team advises companies and workers on the importance of keeping clear records of each call-up, the hours actually worked, the amounts paid, and the contributions made. Without this documentation, it is hard to prove compliance with these obligations in an inspection or a lawsuit. To learn about related aspects of the employment relationship, visit our practice areas and identify the sensitive points in your case.

Social security contributions and contribution time

Each period worked generates a social security contribution and counts toward contribution time with the INSS (Brazil’s National Social Security Institute), as long as the amounts received in the month reach the minimum threshold set by current law. If the monthly total falls below the minimum wage, the worker may make up the difference by contributing on his or her own to have the full month counted.

Precautions when formalizing the contract

An intermittent employment contract must be in writing and must fully identify the parties, the hourly or daily rate, the place where the work will be performed, the method of call-up, and the other essential terms. Properly formalizing the intermittent contract protects both the company and the worker, avoiding liabilities and ensuring that the obligations undertaken are secure.

It is advisable to set clear rules on call-up deadlines, methods of communication, penalties for non-compliance, and procedures in case of cancellation. Although the law sets only the minimum framework, the contract may spell out details specific to the company’s operations, as long as it respects the worker’s basic rights.

Another sensitive point involves the entry in the worker’s employment record book and the registration of the employment relationship in the official systems. Even during periods of inactivity, the worker remains formally employed, which affects eligibility for social security benefits, proof of income, and other situations in which the employment relationship must be shown.

Frequently Asked Questions

Who can hire workers under the intermittent arrangement?

Any company can use the intermittent contract, as long as it meets the formal requirements and respects the worker’s rights. The arrangement is especially useful in sectors with variable demand, such as events, seasonal retail, and food service. What matters is that the contract is in writing and that each call-up is properly documented.

Can I turn down a call-up without losing my job?

Yes. Under current law, a worker’s refusal of a call-up does not terminate the contract or amount to insubordination. The worker is free to accept or decline each request while keeping the employment relationship active. Silence within the legal deadline is also treated as a refusal, with no harm to the worker.

How do vacation pay and the thirteenth-month salary work under this type of contract?

These rights are paid in proportion to the time actually worked, at the end of each period of service. The employer adds the corresponding amounts to the pay and settles everything at once. This model makes it easier for the employee to keep track of the amounts received and avoids delays in paying items that are traditionally paid annually.

As informações deste artigo são de caráter informativo e não substituem consulta jurídica individualizada. Cada caso possui particularidades que exigem análise específica.