Intermittent Employment Contract: Constitutional and Jurisprudential Limits
DOI:
https://doi.org/10.33637/2595-847x.2020-49Keywords:
decent work, constitutional framework, case law analysis, labor reform., decente work, constitutional framework, case law analysis, labor reformAbstract
This paper seeks to discuss the (un)constitutionality of the intermittent employment contract, based on the theoretical framework of the fundamental right to a decent work, proposed by Gabriela Neves Delgado and in contrast the first Superior Labor Court rulling about this very subject. A bibliographical review was made from the ideia of the fundamental right to a decent work, in order to establish the theoretical premise and the constitutional reading that serves this paper. Then, was made an analysis of the possible unconstitutionalities of the intermittent employment contract, new contract model set in art. 452 - A, in view of the emptying of the legal contours that define decent work, notably in the matter of ensure minimum wage, vacation rights, working hours limits and idea of labor safety. Lastly, a decision of the 4th panel of judges of the SLC at the case TST-RR-10454-06.2018.5.03.0097, in which the Superior Labor Court ruled for the first time the limits of the intermittent employment contract, will be faced in its basis, with the formulations selected in the previous items. Thus, it will be possible to reflect about the legal phenomenon from how it complies, if it is moving away orla approaching from the constitutional framework of labor protection.