Market professionals can be hired by different modalities, whether permanent, seasonal or occasional. Each model has its own specificities, laws and rules.
O seasonal work it is the type of contract made to perform a specific service, that is, for a limited time. Thus, when the project is completed, the link between employer and employee ends.
Meanwhile, the permanent model refers to those who have a permanent employment contract, that is, full-time and indefinite. Professionals carry out their activities fully and, therefore, have more career opportunities in the company.
Now, when the modality is the eventual one, called a determined time, the employment contract has a start and end date agreed in advance between the employer and the professional.
O seasonal work, it is often confused with the one for a certain time. Therefore, when companies face peak demands and seek temporary workers, they need to know all the rules so as not to make this mistake.
What is seasonal work?
O seasonal work it is one in which professionals are hired to meet transitional demands for replacement of permanent employees or to supply a shortage of labor in extraordinary jobs, as in periods when demands are greater than normal.
In this way, a temporary employee can be hired both to cover permanent employee leave and to meet seasonal demands.
This type of professional needs to be hired through a temporary service provider.
The provider is responsible for carrying out the entire contracting. It places the employee at the disposal of the service borrowing company, to meet his needs for replacement of personnel to that of complementary demand for services.
What changes with the new labor law?
THE Labor Reform brought a series of changes to the types of hiring and one of them is the seasonal work. It was created to make it possible for various segments to hire a certain number of employees for specific periods, such as commemorative dates.
Through it, companies no longer need to hire for the fixed-term work model when the need is for only a few seasons of the year when permanent employees cannot handle all demands.
After coming into force the Law No. 13,429 / 2017 brought changes to Temporary Work. THE old CLT did not foresee this type of contracting. For this reason, some hirings that used to happen informally are now easier to regularize.
For the old wording of art. 2nd, Law 6.019, temporary work was restricted to that provided by a natural person to a company.
However, the new wording of the law suggests that the seasonal work is that provided by an individual hired by a company temporary work company which makes it available to a service borrowing company.
The reformulation of the law brought important changes in four aspects. Are they:
- the legal hypotheses for hiring temporary workers;
- the responsibilities of the service borrower, contracting term;
- activity-middle / end.
What are the responsibilities of the service taker?
After the changes in CLT, the responsibility to the supervisory authority lies with the company that will hire the service.
The contract made between the service provider and the service borrower must be inspection provision. For this reason, it must guarantee the conditions of safety, hygiene and healthiness temporary workers.
In addition, it is possible to extend to the seasonal employee the same medical and meal attendance intended for permanent employees. However, it is not mandatory.
The seasonal worker is responsible for all labor obligations related to the period in which the temporary work occurs, and this decision is no longer in charge of the Judiciary.
What is the term of the contract?
The term of the seasonal work cannot exceed the deadline 180 consecutive days or not, instead of the previous limit that was 90 days.
It can still be extended for another 90 days necessary case. Therefore the maximum term becomes 270 days, without the need for intervention by the Ministry of Labor to authorize the extension.
However, the seasonal worker who has already fulfilled the maximum 270 days will only be able to return to work with the same borrowing company under a new temporary contract, 90 days after the end of the previous contract.
What changes in relation to the middle and end activities?
Another change made through the Labor Reform was in relation to the middle activities and end activities.
Now, the temporary professional will be able to perform his / her functions both for the development of middle activities as well as those of core activities in the company taking the service.
What are the differences between seasonal work and outsourcing?
Confusion between seasonal work and outsourcing which was also regularized with the Labor Reform.
THE outsourcing it consists of the cases in which the borrowing company hires the service provider and the latter will be responsible for the employees, with no subordinate and personal relationship.
Meanwhile, in temporary hiring, the borrowing company must prove one of the legal hypotheses, be it temporary replacement of permanent staff or complementary demand.
Only then, it is possible to hire temporary workers, and the person responsible for hiring professionals of this modality is the Temporary Work Agency which will make them available to the borrowing company.
At the seasonal work, the professional is subordinate to the policyholder and, during the entire period of temporary work, the company needs to exercise directive, disciplinary and technical power over the workers.
What are the rights and duties of the temporary professional?
O seasonal work brings several advantages for both the company and the worker. Therefore, the professional also has his legal rights and duties.
O seasonal worker enjoys practically the same rights as other employees, such as:
On the other hand, he must also follow a series of duties before the company taking over his services.
Their duties are also the same as those of professionals hired indefinitely. Among them, we can list: they are:
- attendance and punctuality;
- loyalty to the employer for the performance of their work;
- commitment and zeal in carrying out the work;
- contribution to the care and conservation of the company's equipment and assets.
In cases where the seasonal worker resign, he will only be entitled to monthly salary, proportional vacation with an additional 1/3, and 13th proportional salary.
With the new labor law it has become much simpler to carry out contracting by means of seasonal work. This provided great facilities for companies, the greater job opportunities for market professionals.
Therefore, it is worth investing in this option if your company needs extra help at the end of the year parties. Enjoy!
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