We know that the recruitment and selection processes are time-consuming and, of course, demand expenses, especially when it is something punctual. A model that came to solve this issue and transform the traditional work format is intermittent work .
Did you already know the term? How about finding out more about this type of contract? Enjoy reading this comprehensive guide and find out what you need to know to make good intermittent employment contracts without further damage!
What is intermittent work?
Intermittent work is a model of performance in which the professional will only work during certain periods and receive payment based on the hours allocated to the service.
When we think about intermittent work, there is no previously established workload, so it is the employee who will agree this directly with the managers of the company that is hiring.
Thus, the activity is sporadic and the contract will regulate the occasional work, which occurs only occasionally . In this case, there is the provision of services with subordination, but it does not happen with continuity, and may last for days or months. intermittent work
In this sense, a professional who works intermittently can remain inactive at some times and more active at others, such as when there is greater demand in his area of expertise. But whether the contract is intermittent or not, the concern with human capital must be the same.
How does intermittent work work?
In intermittent work, even if there is an employment relationship, there is no minimum workload that needs to be fulfilled for the professional to be legalized in this model of contract. In this case, the employer must respect a maximum limit of 44 hours per week, that is, 220 hours per month.
Regarding routine, the contractor has periods of inactivity until receiving a call to provide their services and, when working, must follow the stipulated schedule, being subordinate to the organization.
Now, calling a professional is simple: combine a communication tool and use it to contact them when necessary. Today, with the advancement of digital media, it is possible to do this via WhatsApp, for example.
Upon accepting the call, the professional is subordinate to the company during the established period. Even though it is not a traditional job, the work card must be signed so that all rights and duties are registered .
Also, if the institution has more than twenty employees, everyone will need to control the point , regardless of the contract model. This includes intermittent professionals who work allocated.
In the case of long-term work that exceeds six hours a day, it is mandatory to offer at least one and, at most, two free hours so that the contractor can have a break. But the time can be shortened to thirty minutes, as long as it is negotiated.
Intermittent vs. freelance work
Many believe that intermittent work is synonymous with acting as a freelance professional. This is not true, as intermittent workers are actually hired by the company and provide their services with regularity and subordination, including payments and benefits stipulated by the Consolidation of Labor Laws (CLT) .
The “freelae”, on the other hand, is autonomous, which means that there is no employment relationship between him and who is receiving his services. As there is no guarantee of benefits, he is the one who will bear certain costs. intermittent work
The biggest difference in this type of work is that it is not subordinate, as it is paid on demand and it is it that determines its own hours. There is even the possibility of serving more than one client at the same time, as long as the results are not harmed.
Also, it is possible to get confused with the term temporary work. Although it is similar, the temporary employment contract has a maximum limit of 180 days, which can be extended for 90 days for justified reasons.
This model, however, can only be applied in two situations: if it is necessary to replace an employee who is on vacation, leave or on leave, and in the event of a very large increase in the number of tasks and the team is not able to perform them.
What are the benefits for the company and its employees?
Are we going to know the benefits of intermittent work for employees?
Intermittent work is advantageous precisely because it is regulated by Brazilian legislation . For employees, the main benefit is having their rights guaranteed and guaranteed by a legal contract.
This means that the professional will receive his FGTS and Social Security as if he had been hired in the traditional way. Another issue is the existence of more opportunities, as the worker is able to remain in the market by working with more than one company.
More acting opportunities
Because there are periods of unpaid inactivity, the vast majority of professionals who work intermittently also provide services for other companies and occupy different positions. This is a way to earn more and, at the same time, gain more experience in the job market . intermittent work
Now, get to know some of the advantages for companies.
It is to reduce their staff costs that most organizations opt for an intermittent employment contract. By hiring only when a demand arises, it avoids paying employees even when there is not a high number of services that need to be performed. Thus, it spends less on hiring and managing people .
Both for the contracted and the contracting party, there is greater flexibility in the hours worked. Thus, a professional is called when really needed.
When it is not necessary to maintain a fixed team, there is the possibility of providing opportunities for different areas, the cost of which would be unfeasible if everyone had to be paid monthly.
What precautions should be taken?
When hiring a professional for the intermittent model, it is essential that some precautions are taken to avoid future problems and ensure that everything is being done according to the law of our country.
Knowing this, it is essential to analyze exactly what the CLT requires so that the process is done in the best possible way . Thus, the company must draw up the contract based on legislative determinations.
Furthermore, if for any reason the organization makes a mistake and does not comply with what is foreseen, it may be penalized or have the contract canceled for not following the rules. When this happens, the expenses are greater than the benefits. intermittent work
But how to draft a contract correctly? That’s what we’re going to learn now!
According to the CLT, the contract for an intermittent job must be signed in writing by both parties, containing the value of the hour of service . When writing it, make sure there is no ambiguous information and that the agreement is clear to everyone.
Also, for the provision to take place, the employer must notify the professional at least three days before the date of commencement of work. After the call, the provider has one business day to respond or, if you wish, remain silent to refuse the offer.
During his inactive period, it is possible to work with other contractors, as he is not a permanent employee, therefore, he does not have the obligation to always be available to the company.
when to use
With the Labor Reform, now, the intermittent contract facilitates more flexible hiring. Ideally, it should be used whenever the temporary admission of a new talent is carried out , as long as the service complies with what is stipulated by law .
But it is forbidden to have any clause preventing the provider from performing services for another company or establishing payment of salary during the professional’s period of inactivity.
It is important to emphasize that the amount paid must be calculated based on the hourly value of the minimum wage, which must be equal to or greater than it, and cannot be less than the wage paid to other employees occupying the same position.
Upon completion of the service, the employee must immediately receive the payment of their remuneration, proportional vacations with an increase of one third, proportional thirteenth , paid weekly rest and legal additionals. intermittent work
Remembering that the professional will only receive the equivalent of the hours that were worked by him and not a fixed amount. Another detail is that payment must be made right after the service is performed, even if it is a different day than when regular employees receive their salaries .
After six days of service, the employee is entitled to a weekly paid rest day. It usually takes place on Sunday, but may vary depending on company agreement.
Once the job offer has been accepted by the professional, neither party can fail to comply with what was agreed without having a fair reason . Thus, those who do not proceed with the service must pay a fine equivalent to 50% of the agreed remuneration, within thirty days.
In addition, after twelve months, you are allowed to take one month’s vacation without being called up to work again for the same employer. In this case, the contracting party is responsible for collecting the social security contribution and depositing the Guarantee Fund. intermittent work