Only valid in writing (Articles 443 §3 and 452-A CLT, 2017 reform) — constitutionality confirmed by the STF (ADI 5826, 2024). Widely used in hospitality for on-call shifts; each shift additionally requires a separate written call-up.
⚠️ This is a blank template, not legal advice: check the wording with a lawyer and adapt it to your jurisdiction and your case.
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INTERMITTENT EMPLOYMENT CONTRACT (CONTRATO DE TRABALHO INTERMITENTE)
Between: , the "Employer", and (CPF: ), the "Employee". Contract date: . Position (cargo/função): .
1. LEGAL BASIS 1.1. This is an intermittent work contract (contrato de trabalho intermitente) under Articles 443 §3 and 452-A of the CLT, introduced by the 2017 labour reform (Lei 13.467/2017). 1.2. ⚠️ The Brazilian Supreme Court (STF), in ADI 5826 (decided 2024), confirmed the constitutionality of the intermittent-work regime. 1.3. This regime is widely used in hospitality (HoReCa) for waitstaff, banquet crews and peak-demand shifts.
2. HOURLY RATE 2.1. Hourly rate (valor da hora): .
3. PLACE OF WORK AND CALL-UP METHOD 3.1. Place of work: . 3.2. Method of call-up for each shift (forma de convocação): . ⚠️ Every individual shift requires a SEPARATE written call-up (convocação) — see the companion "Call-Up Notice for Intermittent Work" document, issued at least 3 calendar days before each shift.
4. PAYMENT 4.1. Wages, proportional vacation pay + 1/3 constitutional bonus (férias + 1/3), and proportional 13th salary (13º salário) are calculated and paid AT THE END OF EACH WORKED PERIOD, not accumulated for later settlement.
5. ADDITIONAL TERMS 5.1. Observations:
SIGNATURES Employer ______________ / on behalf of / Employee ______________ / /
This is a boilerplate template, not legal advice. Brazilian labour, data-protection, consumer- protection and sanitary law (the Consolidação das Leis do Trabalho — CLT, Decreto-Lei 5.452/1943, as reformed by Lei 13.467/2017; the eSocial digital reporting system, under which the admission event must be filed no later than the day before work starts and the CTPS Digital record is updated automatically; Lei 12.506/2011 on proportional notice periods; Lei 13.352/2016, the Lei do Salão Parceiro; the LGPD — Lei 13.709/2018 — supervised by the ANPD, including the simplified regime for agentes de pequeno porte under Resolução CD/ANPD nº 2/2022; the Código de Defesa do Consumidor — CDC, Lei 8.078/1990 — and Decreto 7.962/2013 for e-commerce; and ANVISA's RDC 216/2004 on food-service good practices, as supplemented by state/municipal vigilância sanitária rules) is highly procedural, tied to fixed statutory deadlines (e.g. eSocial admission BEFORE the first working day, a 3-calendar-day minimum notice for each intermittent-work shift, a 10-day TRCT settlement deadline, a 30-day advance vacation notice) and to significant penalties for missed deadlines or missing documentation. ⚠️ ADDITIONAL CONTEXT TO VERIFY WITH YOUR ADVISORS: (1) NR-1/PGR — psychosocial risk factors (fatores de risco psicossociais, Portaria MTE 1.419/2024) became subject to PUNITIVE fiscalização from 26 May 2026 — confirm your current Programa de Gerenciamento de Riscos (PGR) status (MEI is exempt; low-risk ME/EPP may qualify for a simplified declaration at pgr.trabalho.gov.br); (2) the "pejotização" question (STF Tema 1389) — whether an "autônomo"/"PJ" services arrangement may be reclassified as employment — remained UNRESOLVED by the Supreme Court (STF) as of mid-2026; any PJ/autônomo arrangement carries this litigation risk; (3) NFC-e/NF-e/CF-e-SAT/MFE/NFS-e fiscal documents are issued through your accountant's (contador) authorised system and are OUT OF SCOPE for this template; (4) almost every small business in this segment operates under Simples Nacional (MEI/ME/EPP) — a contador is a de facto mandatory partner for payroll, tax and eSocial compliance. This English text is a DRAFTING AID ONLY. It must be reviewed, translated into Portuguese where required for validity/ enforceability, and adapted by a Brazilian labour/commercial lawyer (advogado) and accountant (contador) — and checked against current guidance from the Ministério do Trabalho e Emprego (MTE), ANPD, ANVISA, Procon and local vigilância sanitária — before use.
2 of 9 fields are taken from the company, employee or counterparty record, the questionnaire can be dictated to the AI, and the finished document comes with a number, a PDF and an acknowledgement record.