Intermittent Work: a business perspective

Understanding the issue for companies and managers

In today’s business environment, characterized 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 employment modality known as intermittent work assumes significant relevance. Below, we examine the institute of intermittent employment contract under Brazilian legislation and its practical implications for employers, aiming to provide a clear, accessible and technically grounded view for managers and entrepreneurs.

What is the intermittent employment contract and why it matters for business

The intermittent employment contract, introduced into the Brazilian legal framework by Law No. 13.467/2017 — and partially regulated by Provisional Measure No. 808/2017 — corresponds to the employment relationship in which the providing of services occurs in a non-continuous manner, alternating periods of activity and inactivity, determined by hours, days or months, under a regime of subordination. For the entrepreneur, this structure offers the potential for adaptation to variable demands of its operations — for instance, in cases of seasonality, occasional projects or production peaks — reducing the need to maintain a permanent and idle workforce.

Key legal aspects for employers

From a regulatory standpoint, the intermittent contract must comply with specific requirements laid out in the Consolidation of Labour Laws (CLT) — especially articles 443 and 452-A to 452-H. Firstly, it is noteworthy that the contract must be executed in writing and registered in the worker’s CTPS (Work and Social Security Booklet). The hourly or daily rate cannot be lower than the statutory hourly or daily minimum wage nor lower than that paid to other employees performing the same role in the company. The employer’s call to the worker to render services must respect a minimum notice of three calendar days, unless a more favourable provision is stipulated. Once the call is made, the worker has a deadline – generally 24 hours – to express acceptance or refusal; silence equals refusal. Payment must be made at the end of each service period, including remuneration, proportional vacation pay increased by one-third, proportional 13th salary, paid weekly rest and legal additional payments. In addition, social security contributions and FGTS deposits must be made based on the amounts actually paid for the period in which work was performed.

Practical implications for the company

For managers and entrepreneurs, operating with intermittent contracts demands attention to certain practical aspects. Firstly, although the model offers flexibility, it imposes documentary rigour: written contract, registration in CTPS, control of summons and acceptance or refusal, as well as discriminated pay and fiscal and social security contributions. Neglecting these points may trigger labour litigation. Secondly, it is important that the company does not use the intermittent contract as a substitute for continuous employees by hiring them under an intermittent regime, which could recharacterize the employment relationship and generate liability. In particular, doctrine and jurisprudence warn of the risk of precarisation of the employment relationship and of disputes regarding the habitual provision of work. On the operational level, the company must plan summons of workers carefully to avoid gaps or lack of manpower at critical moments. The company should structure a system of effective and documented summons, so as to demonstrate that a worker’s inactivity is due to the intermitent nature of the contract and not the employer’s inability to generate demand.

Advantages and risks of the model

On the positive side, the intermittent contract allows the employer to pay only for hours effectively worked, providing reduction of fixed personnel costs — particularly relevant in sectors of commerce, services and events. Among the risks, the absence of guarantee of a minimum working hours stands out: the worker may accept occasional summons and during slow demand periods, inactivity may stretch without remuneration, which raises criticism regarding predictability and the dignity of labour. For the employer, this means that the intermittent contract does not eliminate the risk of liability – for instance, if it is proven that the service was continuous, without alternation between periods of activity and inactivity, the relationship may be reclassified as a standard employment. Moreover, from a reputational viewpoint, adopting this model en masse, without proper governance, may raise concerns among workers or oversight bodies.

Business sectors in which the modality is suitable

Although there is no legal limitation restricting the modality to specific sectors — which may enlarge the range of application — the logic indicates that the intermittent contract is most naturally suited to activities marked by occasional or seasonal demand. Typical examples include events, hospitality, tourism, service provision at variable hours, and sectors where production oscillates. Therefore, the entrepreneur must evaluate whether his business effectively presents an intermittent character of demand or whether the demand is continuous, which would warrant adoption of a traditional hiring regime. Sectorial analysis is thus essential to assess the modality’s suitability.

Compliance recommendations and internal best practices

To mitigate risks, it is recommended that the company adopt internal policies that clarify the process of summons, acceptance, registration of hours, and payment. The intermittent contract must specify the manner, location and deadline for payment, as well as the hourly rate. The company must maintain controls evidencing alternation between activity and inactivity, to reinforce the legal compliance of the modality. During audits or potential inspections, it will be relevant to present documents showing that the worker was summoned within the legal notice, that he accepted or refused, and that he received all the due amounts proportionately. It is also prudent that the company consult employment law counsel to tailor contract models, prepare summons and payment flows and integrate human resources, finance and legal areas.

Future outlook and inspection trends

Considering that the intermittent employment modality still raises doctrinal debates and may be subject to jurisprudential changes — including on its compatibility with classic employment requirements such as habitual provision of labour and minimum working hours — a company that adopts this model must monitor possible legislative amendments or judicial interpretations that may alter the institute. In practice, this means that adoption must be performed with technical backing and a structure of labour-compliance, avoiding improvisation that may lead to liability.

The importance of preventive legal counsel

For entrepreneurs and managers, the intermittent employment contract can be a useful instrument, provided it is well understood and properly implemented. However, it is not an automatic solution for all businesses. Adequate characterisation of intermittence, formal compliance with legislative requirements and efficient internal process control are determinant factors to mitigate labour risks. In this context, preventive legal counsel — with contractual review, orientation on summons and payment practices, and internal compliance auditing — is recommended as a measure to protect the business and give security to its operations. If doubt arises about the modality’s suitability to your enterprise or about the particular risks in your sector, seeking specialised support constitutes a prudent decision and aligns with good business governance.