INTERMITTENT LABOR CONTRACT: THE “EMPLOYEE UNEMPLOYED” BETWEEN NEOLIBERAL REASON AND PANDEMIC

o “empregado desempregado” entre a razão neoliberal e a pandemia

Abstract

The intermittent employment contract is a form of atypical hiring, institutionalized by Law No. 13,467 / 17, the Labor Reform Law. This form of hiring meets the neoliberal desires for deregulation of formal work and creates the figure of the unemployed employee, since it does not guarantee the support of the worker who lives in the uncertainty of when he will be called to work. In 2020, with the health pandemic of Covid-19, it was demanding social isolation and the consequent interruption of a significant part of non-essential economic activities. In this context, the possibilities of maintaining intermittent employee income are questioned, as well as the existence and sufficiency of institutional measures aimed at supporting workers hired under this modality. To this end, a bibliographic review of the specialized literature on the employment contract and the interference of economic crises and neoliberalism in its reconfiguration was initially carried out and, subsequently, an analysis of Bill No. 685 of 17 March 2020 and of Provisional Measure No. 936/20, converted into Law No. 14,420 / 20, in view of its claims to assimilate the phenomenon under debate.