THE PRESIDENT OF THE REPUBLIC, in the use of the attribution granted to him by art. 84, caput, item IV, of the Constitution, and in view of the provisions of Law no. 6.019, of January 3, 1974,
DECREE:
Art. 1 This Decree regulates temporary work dealt with in Law No. 6.019, of January 3, 1974.
CHAPTER I
TEMPORARY AGENCY WORK
Art. 2 For the purposes of this Decree, temporary work is considered to be that provided by an individual hired by a temporary work company that makes it available to a company taking services or client, to meet the need for temporary replacement of permanent staff or the complementary demand for services.
Single paragraph. Temporary work shall not be confused with the provision of services to third parties, which is dealt with in Article 4-A of Law No. 6,019 of 1974.
Art. 3 For the purposes of this Decree, it is considered: I – temporary work company – legal entity, duly registered with the Ministry of Economy, responsible for placing temporary workers at the disposal of other companies, service takers or clients, who temporarily need them;
II – company taking on services or client – legal entity or entity equivalent to it that, due to the need of transitory replacement of permanent staff or complementary demand for services, enters into a contract for the provision of services of placement of temporary workers with a temporary work company;
III – temporary worker – an individual hired by a temporary work company, placed at the disposal of a company taking on services or client, intended to meet the need for temporary replacement of permanent staff or the complementary demand for services;
IV – complementary demand for services – demand arising from unpredictable factors or, when arising from predictable factors, which is intermittent, periodic or seasonal in nature;
V – temporary replacement of permanent staff – replacement of a permanent employee of the company taking services or customer removed due to suspension or interruption of the employment contract, such as vacations, leave and other removals provided for by law;
VI – individual temporary employment contract – written individual employment contract between the employee and the temporary employment agency; and
VII – contract for the provision of temporary worker placement services – a written contract, entered into between the temporary work company and the service taker or client company, for the provision of temporary worker placement services referred to in Article 9 of Law No. 6,019 of 1974.
Single paragraph. Complementary demand for services is not considered:
I – continuous or permanent demands; or II – the demands arising from the opening of branches.
CHAPTER II
OF THE TEMPORARY EMPLOYMENT AGENCY
Art. 4 The purpose of the temporary work company is to place temporary workers at the disposal of a company that takes on services or clients who temporarily need them.
Art. 5. Subject to the complementary rules issued by the Ministry of Economy, the application for registration of the temporary work company with the said Ministry shall be accompanied by the following documents:
I – proof of incorporation of the legal entity and registration with the Board of Trade of the locality where the company has its headquarters; II – proof of registration in the National Register of Legal Entities; and
III – share capital compatible with the number of employees, observing the following parameters:
- a) companies with up to ten employees – minimum capital of R$ 10,000.00 (ten thousand reals);
- b) companies with more than ten and up to twenty employees – minimum capital of R$ 25,000.00 (twenty-five thousand reals);
- c) companies with more than twenty and up to fifty employees – minimum capital of R$ 45,000.00 (forty-five thousand reals);
- d) companies with more than fifty and up to one hundred employees – minimum capital of R$ 100,000.00 (one hundred thousand reals); and
- e) companies with more than one hundred employees – minimum capital of R$ 250,000.00 (two hundred and fifty thousand reals).
Art. 6 Whenever requested by the Ministry of Economy, the temporary work company shall provide it with the information deemed necessary to support the analysis of the labor market. Single paragraph. The supply of the information referred to in the caput may be replaced by the use of the Digital Bookkeeping System of Tax, Social Security and Labor Obligations – eSocial, observing the regulation edited by the Special Secretary of Social Security and Labor of the Ministry of Economy.
Art. 7 The registration of temporary workers shall be made with the Ministry of Economy.
Art. 8 It is the responsibility of the temporary work company to remunerate and assist the temporary workers as to their rights, referred to in art. 20 to art. 23. Art. 9 – The temporary work company is obligated to note, in the general notes of the Work and Social Security Registry of the temporary worker, or in an electronic medium that replaces it, his/her condition as a temporary worker, as regulated by an act of the Minister of State of Economy.
Art. 10. The temporary work company is obliged to present to the inspection agent, when requested, the contract celebrated with the temporary worker, the proof of payment of the social security contributions and the other documents proving the compliance with the obligations established in this Decree.
Art. 11. The temporary work company is obliged to separately itemize, in an invoice, the amounts paid for labor and tax obligations and the agency fee for making temporary workers available.
Art. 12. The temporary work company is prohibited:
I – hire a foreigner with a provisional visa to stay in the country; and II – have or
use, in their services, a temporary worker, except when: a) the worker is hired with another temporary work company; and
- b) the need for temporary replacement of permanent staff or complementary demand for services is proven.
Art. 13. It is forbidden for the temporary work company to charge any amount to the worker, even by way of labor mediation, which may only make the discounts provided for by law.
Single paragraph. The infringement of the provisions of this article shall entail the cancellation of the registration for the operation of the temporary work company, without prejudice to the applicable administrative and criminal penalties.
CHAPTER III OF THE SERVICE TAKER OR CUSTOMER
Art. 14 The service taker or client company shall maintain, in its establishment, and present to the supervisory agent, when requested, the contract for the provision of services for temporary workers concluded with the temporary work company.
Art. 15 It is the responsibility of the company taking over the services or customer to guarantee the safety, hygiene and health conditions of the workers when the work is carried out on its premises or in a place designated by it.
Art. 16: The company taking services or client shall extend to the temporary worker placed at its disposal the same medical, out-patient and meal care destined to its employees existing in its premises or in the place designated by it.
Art. 17: Regardless of the branch of the company taking on services or client, there is no employment relationship between it and the workers hired by temporary employment companies.
Art. 18 The service taker or client company shall exercise technical, disciplinary and directive power over the temporary workers placed at its disposal.
Art. 19: The temporary work contract may provide for the development of intermediary activities and end-activities to be carried out in the company receiving the services or client.
CHAPTER IV
TEMPORARY WORKER
Art. 20. The temporary worker is guaranteed the following rights:
I – remuneration equivalent to that perceived by the employees of the same category of the company receiving the services or client, calculated on an hourly basis, guaranteed, in any case, the regional minimum wage;
II – proportional vacation pay, calculated on the basis of one-twelfth of the last earned salary, per month worked, in the following cases:
- a) dismiss without just cause,
- b) tender of resignation; or
- c) normal termination of the individual temporary employment contract;
III – Severance Premium Reserve Fund, as provided by law; IV – Social
Security benefits and services; V – workmen’s compensation insurance; and
VI – record his/her condition as a temporary worker in his/her Work and Social Security Registry, in general notes, as regulated in an act of the Minister of State of Economy. Single paragraph. For the purposes of the provisions of item II of the caput, a fraction equal to or greater than fifteen working days shall be considered a complete month.
Art. 21: The working day for temporary workers shall be a maximum of eight hours daily. § 1 The working day may last more than eight hours in the event that the service taker or client uses a specific working day.
2 Hours exceeding the normal working day shall be remunerated with an increase of at least fifty percent.
Art. 22: Temporary workers shall be guaranteed an increase of at least twenty percent of their remuneration when working at night.
Art. 23. The temporary worker shall be assured weekly paid rest in accordance with the provisions of Law no. 605, of January 5, 1949.
Art. 24 The experience contract foreseen in the sole paragraph of art. 445 of Decree-Law no. 5.452, of May 1st, 1943 – Consolidation of Labor Laws is not applicable to temporary workers.
Art. 25. The compensation provided for in Art. 479 of Decree-Law No. 5,452 of 1943 – Consolidation of Labour Laws does not apply to temporary workers.
CHAPTER V
OF THE INDIVIDUAL TEMPORARY EMPLOYMENT CONTRACT
Art. 26 The temporary work company shall enter into an individual written temporary work contract with the worker placed at the disposal of the acquiring company or client, which shall be expressly stated:
I – the rights granted to the temporary worker arising from his condition; and II – the
indication of the company taking the services or client.
Art. 27. The term of the contract foreseen in Art. 25 may not exceed one hundred and eighty calendar days, regardless of whether the service is rendered in consecutive days or not.
Single paragraph. Provided that the conditions for temporary employment are maintained, the contract may be extended only once, for up to ninety consecutive days, regardless of whether the work is performed on consecutive days or not.
Art. 28 The temporary worker who fulfills the periods stipulated in art. 27 may only be placed at the disposal of the same service taker or client in a new temporary contract after the period of ninety days, counted from the end of the previous contract. Single paragraph. The hiring prior to the term set forth in the caput shall characterize an employment relationship between the employee and the company taking on the services or client.
Art. 29: Any clause prohibiting the hiring of the worker by the company taking over the service or customer is null and void.
Art. 30 – The acts and circumstances dealt with in Art. 482 and Art. 483 of Decree-Law no. 5.452, of 1943 – Consolidation of Labor Laws, that occur between the worker and the temporary work company or between the worker and the company that takes services or client, constitute just cause for termination of the temporary worker’s contract.
Art. 31. The individual temporary work contract is not to be confused with the fixed term contract provided for in art. 443 of Decree-Law no. 5,452, of 1943 – Consolidation of Labor Laws, and in Law no. 9,601, of January 21, 1998.
CHAPTER VI
THE CONTRACT FOR THE PROVISION OF SERVICES FOR TEMPORARY AGENCY WORKERS
Art. 32 For the provision of services of placement of temporary workers at the disposal of other companies, a written contract between the temporary work company and the service taker or Client Company is mandatory and shall be expressly stated:
I – the qualification of the parties;
II – the justification for the demand for temporary work;
III – the period established for the provision of services;
IV – the value established for the provision of services; and V – the provisions on the safety and health of the worker, wherever the service is provided. § 1º The value of the provision of services referred to in clause IV of the caput consists of the agency fee for the provision of services to temporary workers. § 2 º The justification for the demand for temporary work referred to in clause II of the caput consists in the description of the event that gave rise to the hiring of temporary work. Art. 33 The description of the justification for the demand for temporary work and the necessary number of workers shall be demonstrated by the temporary work company or by the company taking on the services or client, observing the provisions of art. 26 and art. 27 and the norms edited by the Ministry of Economy.
CHAPTER VII
FINAL PROVISIONS
Art. 34 It is incumbent upon the Labor Courts to settle disputes involving the employment relationship between a temporary employment company, a service taker company or client and a temporary worker.
Art. 35: The service taker or client shall be subsidiarily liable for labor obligations related to the period in which the temporary work is performed. Single paragraph. In the event of bankruptcy of the temporary employment company, the company taking over the services or client shall be jointly and severally liable for the amounts relating to the period for which the employee was hired.
Art. 36 The service taker or client company is obliged to inform the temporary work company of the occurrence of an accident whose victim is a temporary worker placed at its disposal, under the terms of § 2 of Art. 12 of Law no. 6.019 of 1974. Art. 37. Decree 73.841 of March 13th, 1974 is hereby revoked.
Art. 38 This Decree comes into force on the date of its publication.
Brasília, October 14, 2019; 198º of Independence and 131º of the Republic.
JAIR MESSIAS BOLSONARO Paulo Guedes
