Intermittent Work and Addressing Humanistic Principles of the Democratic State of Law

Abstract

Law No. 13.467 / 2017 introduced new modalities of hiring employees to the national legal system, including the intermittent employment contract. The manner in which this new hiring model is implemented differs from typical employment contracts, as it is opposed to elements that characterize the employment relationship, such as onerousness and continuity, as well as the definition of working hours and wages. There is controversy as to the constitutionality of their regulatory provisions, given the existence of a position that they will promote the real precariousness of labor relations, contrary to the fundamental rights of workers. It is unequivocal that human centrality is a fundamental pillar of the Democratic Rule of Law, so that law should function as a civilizing element, never as an instrument of exploitation of the working class. In this regard, this article aims to analyze the rules of intermittent work, inserted in the CLT, in light of the humanistic and social principles provided for in the Federal Constitution of 1988 and applicable to Labor Law, as well as the Conventions of the International Labor Organization. in order to assess whether this falls within the definition of a decent employment contract.