Since the labor reforms in 2017, intermittent contracts have been used by many companies as an alternative way to engage individuals.
Use of an intermittent contract makes it possible for employers to hire workers to provide services on a noncontinuous basis—that is, with alternating periods of service provision and inactivity that fluctuate according to the company’s demands. During any period of inactivity, the worker is not available to the employer and is free to provide services to other businesses.
However, the validity of these arrangements has recently been challenged and the Brazil Supreme Federal Court has analyzed the validity of intermittent contracts. On Dec. 13, 2024, the court handed down a decision on this matter and held that intermittent contracts are valid and constitutional.
As a result of the Supreme Federal Court’s decision, companies adopting intermittent contracts now have greater legal certainty that this type of contracting, which allows greater flexibility in labor management, is valid.
Juliana Nunes is an attorney with DLA Piper in Sao Paulo. © 2025 DLA Piper. All rights reserved. Reposted with permission of Lexology.
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