November / 2018
With the end of the year, according to recent research and data, more than 430,000 temporary jobs will be opened in various sectors of commerce, industry and services in general.
According to Laws 6.019/1974 and 13.429/2017, which regulate temporary work, this special modality of contract is restricted and limited to justifiable hypotheses: the need for temporary replacement of permanent staff (holidays or leave and medical leave of employees) or (unforeseeable, or predictable because it is seasonal, as in periods of increased sales of Christmas and New Year).
The contract must be signed with the temporary work company that will displace the professionals, being obligatorily written and expressed as to the justifying reason and the term of the contracting. This one, previously authorized for a maximum of 3 months, can last up to 180 days, and can be extended for 90 days, when proven to maintain the conditions that gave it.
In addition, after the maximum duration, the temporary worker may only be placed at the disposal of the same service provider, in a new temporary contract, after ninety days of the end of the previous contract. In a different situation, if the employee is hired directly by the borrower, he can not be subject to the experience contract.
Temporary workers are guaranteed, by law, benefits and working conditions assimilated to the employees of the borrower, and no employment relationship is formed between the temporary worker and the company contracting the services. The bond is with the temporary work company, which is responsible for hiring and remuneration, and the borrower is subsidiarily responsible for the labor obligations related to the period in which the services occur.
The strict compliance with the contract and factual requirements provided for by law is extremely important for the validity of the hiring, and in the event of noncompliance or misrepresentation, such as the hiring of temporary workers to replace dismissed and striking employees, jurisprudence the nullity, being formed employment bond directly with the borrower.
Vernalha, Di Lascio, Mesquita & Associados is at the disposal of its clients for more information on the subject.