Intermittent work in Brazil: how it works and what the rights are

Under an intermittent employment contract, the employee is formally registered but only works — and is paid — when called up. For each period worked, they receive their salary and, proportionally, vacation + 1/3, the 13th salary and weekly rest, plus FGTS and INSS contributions. This type of contract was created by the Labor Reform and is set out in art. 452-A of the CLT (Brazil's Consolidated Labor Laws).

Quick summary

• Written contract, with an hourly rate not lower than the hourly minimum wage (R$ 7.37 in 2026) or than that of colleagues in the same role.
• Call-up at least 3 calendar days in advance.
• Answer within 1 business day; silence counts as a refusal.
• Refusing is not insubordination.
• Payment at the end of each period, with proportional vacation, 13th salary and paid weekly rest (DSR).
• In 2024 the Federal Supreme Court (STF) held this type of contract constitutional.

How the call-up works

1. The employer calls up the worker by any effective means, stating the hours, 3 calendar days in advance.
2. The worker has 1 business day to answer.
3. If the worker accepts and either party fails to comply without good reason, the law provides for a penalty of 50% of the pay that would have been owed (art. 452-A, §4).
4. Between call-ups, the worker may provide services to other employers.

What is paid for each period

• Pay for the hours worked.
• Proportional vacation + 1/3.
• Proportional 13th salary.
• Paid weekly rest.
• Legal supplements (night work, overtime, unhealthy conditions, if any).
• FGTS (the Severance Indemnity Fund) and INSS (social security) contributions on the amounts paid.

Every 12 months, the intermittent worker is entitled to 1 month of vacation, during which they cannot be called up by the same employer.

Points to watch

• Check that the hourly rate respects the hourly minimum wage and the category's minimum pay.
• Ask for a detailed receipt for each payment, with each item listed.
• Track FGTS deposits in the app — see FGTS.
• An intermittent contract is not the same as temporary work.

Frequently asked questions

Can I turn down a call-up in intermittent work?

Yes. Refusing does not remove the subordination element and cannot be punished.

Do intermittent workers get vacation?

Yes. They receive proportional vacation pay with each payment and, every 12 months, have 1 month without call-ups from the same employer.

Can an intermittent worker earn less than the minimum wage?

In a given month they may earn less if they work few hours, but the hourly rate cannot be lower than the hourly minimum wage.

Read more in this series

• CLT worker rights: complete guide
• Temporary work: rights, deadlines and rules
• CLT vacation: rules, splitting, selling days and double pay
• 13th salary: how to calculate, payment deadlines and deductions
• Index: complete guide to labor rights