Brazil: government sets new rules over ‘hours of service’ employment contracts

Created as part of the Labor law reform program that was approved in July 2017, occasional work, or ‘trabalho intermitente’ (c.f. article No.10312) enables employers to hire workers ‘by the hour’ on a repeated or ad hoc basis, depending on need. On 24 May the Labor Ministry published a decree in the Official Journal of the Union in a bid to establish a new set of rules governing these types of employment contracts that Brazil’s employers and employees are still trying to understand.
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This decree defines that a ‘trabalho intermitente’ must be established in writing and it must feature in the worker’s employment logbook, or ‘carteira de trabalho’ (all employees in Brazil possess an employment logbook). The contract must specify a set hourly or daily salary, which cannot be less than the minimum legal salary and which must be the same for all employees carrying out the same job on a similar contract. However, going forward, employees legally working ‘by the hour’ will be...

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