The temporary contract is a type of work performed by a professional for a specific company with the aim of meeting the temporary needs of personnel replacement.
This service is allowed in only two situations, they are:
- Replacement of regular employees in cases of leave, licenses, vacation or strike;
- Meet some peak demand for services in extraordinary cases.
The temporary contract has a certain duration. He is an exception to the rule in force in Labor Rights, having several peculiarities. Therefore, whoever intends to hire employees under this modality, must be aware of the legal rules that govern the contract.
It is essential to know all the rights of the temporary worker to avoid labor lawsuits and other legal problems. Does your company know how a temporary employment contract works? Check it out below!
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What is a temporary contract?
There are several times of the year that the company's permanent team is unable to meet all the demands of work. This happens, especially on dates like Christmas, Easter, Mother's Day and Valentine's Day.
The problem is that after the party period passes, the workflow slows down, back to normal. So hiring new permanent employees would not be an advantage for the business.
So how to resolve this issue? Through the temporary contract! This modality is precisely the best option for these cases.
According to the law, the temporary contract can only be signed through a company specialized in this modality. This organization carries out the outsourcing labor, which is only applicable to meet the transitory need for personnel or when there is an increase in the services performed.
How to hire this type of service?
To make this hiring, your organization needs to look for a company that specializes in temporary work. She is responsible for carrying out the remuneration temporary workers and provide all necessary support.
Thus, it is not possible to effect a temporary contract directly by the companies taking the service.
When your organization needs a temporary contract, you must sign a written and mandatory contract with the company providing the service. This agreement must include:
- The reason for the demand for temporary work;
- The modalities of remuneration for the provision of the service;
- Express the term of validity with the start and end date of the contract;
- State the rights conferred on the worker through the Law 6,019 / 74.
The temporary contract normally lasts for three months (90 days). The period could only be exceeded with the authorization of the Ministry of Labor (MTE) and social Security.
However, after labor reform, the rules of temporary work have changed. Under the new regulations, it is possible to maintain the contract for a period of six months (180 days). Beyond that period, there may still be an extension of another 90 days.
Who can hire a temporary worker?
A company cannot carry out the hiring directly with the employee. This can be characterized as outsourcing the core activity of the organization, which is prohibited by law.
Thus, it is necessary to look for the intermediary company, which will provide this type of service. She must have a specific registration with the Ministry of Labor to be authorized to proceed with the hiring.
This provider must make the necessary requirements with the MTE and request for temporary contracting, as well as requests for contract extension.
What are the differences between the temporary and the permanent contract?
The difference between these two modalities is the contract termination. The professional with a fixed employment contract is entitled to receive a 40% fine on the balance of the FGTS and to early warning.
Meanwhile, the temporary worker is only entitled to compensation for unfair dismissal or normal termination of the contract, corresponding to 1/12 of the payment received.
What are the rights of the temporary worker?
The legislation has clear laws on the temporary contract and it is essential to know them in detail before making the contract. Check out the temporary rights:
And what are the penalties?
Those companies that hire temporary workers and do not comply with all the rights and legal rules related to this modality may suffer penalties.
There is a controversy surrounding the subject, according to the article 479 of the CLT, when the employer makes the early termination must suffer from the incidence of a fine. The law stipulates that the payment of half of the remuneration to which the employee would be entitled until the end of his contract must be paid.
However, there are several cases in which the Court decides not to pay any type of payment. traffic ticket. In addition, in the event of a breach of contract, the employer is not required to pay the fine on FGTS and prior notice.
Now, when the termination of the contract before the deadline is given by the employee, it is possible that the loss suffered by the company due to the breach of the contract is attributed to him. The losses normally refer to the expenses that the employer had on hiring and training.
However, in this case too, in most cases there is no fine directed at the worker.
Is it possible for a temporary contract to become permanent?
The answer to that question is yes. An employee who is initially hired on a temporary basis can be hired by the company. For these cases, the employee does not need to go through the experience period, but another contract must be established.
Signing a temporary contract brings several benefits for companies. In addition to the fact that they do not have to bear the various expenses required by a traditional contract, it is possible to take advantage of it to increase the performance of your team in times of greatest demand.
That is why, if your organization thinks about having temporary employees, it is essential to know your rights and follow all the necessary rules, so that there is no damage.
Still have any questions on the subject or do you want to share some experience with a temporary contract? Leave your comment!