Contrato de trabalho intermitente: as inconstitucionalidades desse contrato de trabalho e sua contribuição para a geração de empregos a partir da reforma trabalhista

• Autor(a) principal: Almeida, Marcelo Neves
• Data de Publicação: 2019
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório do Centro Universitário Braz Cubas
• Texto Completo: https://repositorio.cruzeirodosul.edu.br/handle/123456789/1266
• topic: Direito do Trabalho; Reforma Trabalhista; Trabalho Intermitente; 6.01.00.00-1 Direito

This paper aims to demonstrate the unconstitutionality of the intermittent employment contract and the contribution that this institute has made to job creation and withdrawal of workers from the informal labor market. The Labor Reform was approved in both houses of the national congress in record time, remaining a major discussion on the subject with various stakeholders, which resulted in a law full of contradictions and legislative voids, the target of various criticisms and questions. As a result, intermittent work reveals the absence of at least two employment relationship requirements, non-contingency and legal subordination. Moreover, it violates the principles and protective constitutional norms of workers, such as the principles of isonomy, prohibition of retrocession, does not guarantee the receipt of the minimum wage, prompting the filing of four direct actions of unconstitutionality in the Supreme Court. Regarding the generation of jobs and the removal of workers from informality, the norm did not fulfill its objectives. According to an IPEA study, intermittent job creation after the Labor Reform was shy, with 58,630 vacancies out of a total of 507,140 jobs created between November 2017 and April 2018. The Labor Reform alone cannot generate millions of jobs. jobs, requiring a more robust resumption of economic activity.