Intermittent Work: A Business Approach

Understanding the landscape for companies and managers

In today's business environment, marked by increasingly volatile demand cycles, the adoption of flexible contractual models has become a strategic topic for companies seeking adaptability and efficiency. In this context, the contract type known as intermittent work (trabalho intermitente) takes on significant relevance. Below, we examine the intermittent employment contract in light of Brazilian legislation and its practical implications for employers, aiming to provide a clear, accessible, and legally grounded overview for managers and business owners.

What is the intermittent employment contract and why it matters to businesses

The intermittent employment contract, introduced into Brazilian law by Law No. 13,467/2017 (the Labor Reform) — and partially regulated by Provisional Measure No. 808/2017 — corresponds to an employment relationship in which the provision of services occurs non-continuously, alternating periods of activity and inactivity, measured in hours, days, or months, under a subordinate employment regime. For business owners, this structure offers the potential to adapt to variable operational demands — for example, in cases of seasonality, one-off projects, or production peaks — reducing the need to permanently maintain an idle workforce.

Relevant legal aspects for employers

From a regulatory standpoint, the intermittent contract must comply with specific requirements set out in the Consolidation of Labor Laws (CLT) — particularly in Articles 443 and 452-A to 452-H. First, it should be noted that the contract must be executed in writing and registered in the employee's Work and Social Security Card (CTPS). The hourly or daily wage cannot be lower than the hourly or daily value of the minimum wage, nor lower than what is paid to other employees performing the same function within the company. When calling an intermittent worker to provide services, the employer must give at least three consecutive days' notice, unless a more favorable term has been agreed. Once summoned, the worker generally has 24 hours to accept or decline the assignment; silence is deemed a refusal. Payment must be made at the end of each service period and must include wages, proportional vacation pay plus one-third bonus, proportional 13th salary, paid weekly rest, and other legally mandated allowances. In addition, social security contributions and FGTS (Severance Indemnity Fund) deposits must be calculated based on the amounts actually paid for the period in which work was performed.

Practical implications for businesses

For managers and business owners, operating with intermittent contracts requires attention to several practical factors. First, although the model offers flexibility, it demands documentary rigor: written agreements, CTPS registration, tracking of calls to work and corresponding acceptances or refusals, as well as itemized payments and proper tax and social security contributions. Failure to observe these points may lead to labor disputes. Second, it is important that the company not use the intermittent contract as a way to replace continuous employees with intermittent workers, as doing so could mischaracterize the arrangement and generate labor liabilities. In particular, case law and legal scholarship warn of the risk of precarious employment relationships and challenges regarding the regularity (habitualidade) of the services rendered. On an operational level, worker call-ups must be carefully planned to avoid disruptions or staffing shortages during critical periods. Companies should establish an effective and well-documented call-up system to demonstrate that the worker's inactivity stems from the intermittent nature of the contract, and not from the employer's mere inability to generate demand.

Advantages and risks of the model

On the positive side, the intermittent contract allows employers to pay only for hours actually worked, reducing fixed personnel costs — especially in activities with variable workloads. This is a clear advantage for sectors such as retail, services, and events. Among the risks, however, is the lack of a guaranteed minimum work schedule: the worker may accept only sporadic call-ups, and during periods of low demand, inactivity may extend without pay, raising concerns about predictability and the dignity of labor. For companies, this means the intermittent contract does not eliminate the risk of liability — for instance, if it is proven that the services were provided continuously, without genuine alternation between activity and inactivity, the relationship may be reclassified as a traditional employment contract. Furthermore, from a reputational standpoint, large-scale adoption of this model without proper management may raise concerns among employees or regulatory authorities.

Business sectors where the model is best suited

Although there is no express legal restriction limiting this contract type to specific sectors — which may broaden its potential application — logic suggests that the intermittent contract is more naturally suited to activities marked by occasional or seasonal demand. Typical examples include events, hospitality, tourism, services with variable hours, and sectors where production fluctuates. In this sense, business owners should assess whether their operations genuinely present intermittent characteristics or whether demand is continuous, in which case traditional hiring would be more appropriate. A sector-specific analysis is therefore essential to determine the suitability of this contract type.

Compliance recommendations and internal best practices

To mitigate risks, companies are advised to adopt internal policies that clearly formalize the process of calling workers, obtaining acceptance, recording hours, and making payments. The intermittent contract should specify the method, location, and deadline for payment, as well as the hourly wage. Companies should maintain records that clearly demonstrate the alternation between activity and inactivity, reinforcing the legality of the arrangement. In the event of an audit or inspection, it will be important to present documents proving that the worker was called with the legally required notice, that they accepted or declined the assignment, and that they received all amounts owed proportionally. It is also advisable for companies to consult labor law counsel to adapt contract templates, create call-up and payment records, and structure internal workflows integrating human resources, finance, and legal departments.

Future outlook and enforcement trends

Given that the intermittent employment contract still raises doctrinal questions and may be subject to ongoing judicial debate — including regarding its compatibility with the classic requirements of employment, such as regularity and minimum working hours — companies adopting this model should monitor potential legislative changes or judicial interpretations that could affect how the institute is understood. In practice, this means that adoption of the model should be backed by technical guidance and a solid labor compliance structure, avoiding improvisation that could generate liabilities.

The importance of preventive legal counsel

For business owners and managers, the intermittent employment contract can be a useful tool, provided it is well understood and properly implemented. However, it is not an automatic solution for every business. Proper characterization of intermittency, formal compliance with legal requirements, and efficient control of internal processes are key factors in mitigating labor-related risks. In this context, preventive legal counsel — including contract review, guidance on call-up and payment practices, and internal compliance audits — is recommended as a way to protect the business and ensure operational security. When in doubt about whether this contract type is suitable for your business, or about the specific risks within your industry, seeking specialized support is a prudent decision aligned with sound corporate governance.