Intermittent contracts have been used by countless organizations as an alternative way to engage individuals since the labor reform in 2017.
The utilization of an intermittent contract allows employers to hire workers that will provide services on a noncontinuous basis, which is with alternating time limit of service provision and inactivity that wavers according to the organization’s requests. While in the period of inactivity, and the worker is not available to the employer, they will be free to provide services to other businesses.
The logic of these arrangements has recently been challenged and the Brazil Supreme Federal Court has analyzed the logic of intermittent contracts. Therefore, on December 13, 2024, the court handed down a decision and held that intermittent contracts are valid and constitutional.
Consequently, the Supreme Federal Court’s decision, companies adopting intermittent contracts now has a substantial legal certainty that this type of contracting, which allows greater flexibility in labor management, is valid.