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Intermittent work is unconstitutional and risk to worker health, says rapporteur in the Supreme Court



São Paulo – On the first day of the trial of three direct actions of unconstitutionality (ADIs), yesterday, the rapporteur, Minister Edson Fachin, voted against the intermittent work modality, included in Law 13,467 / 2017, of labor “reform”. The Federal Supreme Court (STF) resumes the trial on Thursday (3), starting at 14h.

For the rapporteur, this type of work relationship, due to its “unpredictability”, leaves the worker in a situation of fragility and social vulnerability. Still according to the minister, for not respecting minimum fundamental guarantees, the rule fails to comply with the constitutional principle of human dignity. And it promotes, thus, “the instrumentalization of the human work force and thus threatening the physical and mental health of the worker, constituting, therefore, the norm that prevents the achievement of a dignified life”.

ADI 5.826 was filed by the National Federation of Employees at Fuel and Petroleum Derivatives Service Stations (Fenepospetro). 5,829, by the National Federation of Workers in Telecommunications Companies and Telephone Table Operators (Fenattel). And 6154, by the National Confederation of Industrial Workers (CNTI). The entities point out, among other items, precarious employment relationship and impediment to the right to collective organization.

Government defends

In favor of the rule, the Union’s attorney general, José Levi, said that intermittent work was not intended to increase the level of jobs at the expense of workers’ rights, but to offer an alternative to informal work. The Attorney General’s Office (PGR) also spoke out for constitutionality.

Intermittent work alternates between service and inactivity periods. According to Fachin, the Constitution does not prevent the creation of this type of contract, but it is necessary to ensure fundamental rights, such as remuneration not less than the minimum wage. And Law 13,467 does not set minimum hours of work, nor minimum wages.

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