In the virtual plenary session, the majority of the ministers of the Federal Supreme Court (STF) voted for the constitutionality of the intermittent employment contract, a model introduced by the labor reform (Law 13,467/17). So far, seven ministers have spoken out in favor of the validity of the provision, while two others have spoken out against it, in actions that question the modality. 

The Intermittent Work Model 

The intermittent employment contract provides for the provision of services alternating with periods of inactivity, depending on the employer's demand. According to § 3 of art. 443 of the CLT, the model allows for flexible working hours and requires a written contract, specifying the value of the hour worked, which cannot be less than the minimum wage or the amount practiced in the company for similar functions. 

Dissenting Votes and the Majority in the STF 

The trial began in 2020, with Justice Edson Fachin voting for the unconstitutionality of the contract, as he understood that the modality generates financial insecurity and disrespects the principle of human dignity. He was accompanied by Justice Rosa Weber, who emphasized the transfer of risks from the employer to the employee. 

On the other hand, Minister Nunes Marques opened the divergence, stating that the model ensures all rights provided for in article 7 of the Federal Constitution, such as proportional vacations and thirteenth salary. He was followed by ministers such as Alexandre de Moraes, André Mendonça and Gilmar Mendes, who highlighted the importance of the contract to combat informality and promote social inclusion in the labor market. 

Minister Cristiano Zanin presented an intermediate position, suggesting that intermittent contracts be automatically terminated after one year of inactivity, ensuring greater predictability and security for workers. 

Impact of the Decision 

Confirmation of the constitutionality of intermittent contracts provides greater legal certainty for employers and workers, consolidating the modality as a valid alternative for making labor relations more flexible and expanding formal work opportunities. However, the decision also reinforces the need for regulation to prevent abuses, such as long periods of inactivity or remuneration incompatible with subsistence. 

With the trial scheduled to conclude on December 13, the STF's decision could bring significant changes to the labor market, consolidating a model that reflects contemporary transformations in employment relations. 

Our office is ready to clarify any doubts and prepare your company to meet your company's needs for implementing this contract.