New Temporary Work Decree

October / 2019

With the end of the year, it is known that new temporary job opportunities are opened in various sectors of commerce, industries and services in general. In this climate, on October 15, a new Decree nº. 10.060 was published, which aims to clarify the existing norms and practices on the modality of this work.

These contracts have a term of up to 180 days, with the possibility of renewal for a further 90 days, when proven to maintain the conditions that gave rise to it. It is established between three parties: the worker, the temporary supply company and the service taker. This hiring model is used for timely services and demands, such as seasonal trade movements and substitution for maternity leave and vacation.

Prior to the Decree, temporary workers did not respond and should not be ordered by the borrowing company, under penalty of direct subordination and employment, resulting in labor risks.

In this sense, among other changes brought about, the most significant is the possibility and ability of the borrowing company to give orders to the worker without setting up a job bond. That is, Articles 17 and 18 make it clear that, unlike the legislation prior to the Decree, the borrowing company has the technical, disciplinary and managerial power over these workers.

This amendment provides better support and legal certainty for borrowing companies, which in practice need to advise temporary employees in the preparation of their daily tasks.

The decree retained these employees the rights already acquired by law, such as proportional vacation, 13th salary, category salary, FGTS and working conditions equivalent to the borrower's own employees.

Strict compliance with the contract requirements, as well as the factual details, reflected in the law are of utmost importance for the validity of the hiring, and in the event of breach or distortion, there is a risk of nullity of the contract and liability in labor obligations.

The vlm|a office is at disposal for guidance and further information on matters relating labor relations.