Law on Hiring of a Temporary Worker (Brazil)

Law No. 6,019/1974, amended by Law No. 13,429/2017 (Hiring of a Temporary Worker)

The hiring of a temporary worker is ruled by Law No. 6,019/1974, amended by Law No. 13,429/2017.

Temporary work is defined by law as that provided by an individual hired by a temporary work agency and made available to a service taker in two exceptional situations: to meet the need for temporary replacement of permanent staff, or the complementary and extraordinary demand for services.

The demand for services is considered complementary when it is derived from unforeseeable factors or, when owing to predictable factors, is intermittent, periodic or seasonal.

The temporary employment contract must be in writing and must not exceed 180 days, consecutive or not, extendable for up to 90 days, consecutive or not, when the same conditions that justified the original hiring are proven.

The payment of the remuneration and all additional benefits and labour obligations to the temporary worker is the recruitment agency’s responsibility. However, the contractor is secondarily liable for the non-compliance of the obligations by the agency.

On the other hand, the contracting party is responsible for guaranteeing the same conditions of safety, hygiene and health, and also the same medical and meal assistance for temporary workers as granted to its own employees when the activity is carried out in its premises or in a place designated by it.