Law 6.019 – Temporary Work and Labor at Urban Companies, and other Providences
Presidency of the Republic
Sub-Chieftaincy for Legal Matters
Law No. 6,019, OF 3, 1974 JAN.
| It deals with Temporary Work in Urban Enterprises, and gives other Provisions. |
O PRESIDENT OF THE REPUBLIC : Let me know what the National Congress decrees and I sanction the following Law:
Art. 1 – The temporary work regime is established, under the conditions established in this Law.
Art. 1 the The labor relations in the temporary work company, in the service company and in the respective service takers and contractor are governed by this Law. (Drafting provided by Law No. 13,429 of 2017)
Art. 2 – Temporary work is that provided by an individual to a company, to meet the transitional need to replace its regular and permanent staff or to the extraordinary increase of services.
Art. 2 the Temporary work is that provided by an individual hired by a temporary work company that makes it available to a service-taker to meet the need for temporary replacement of permanent staff or the complementary demand for services. (Drafting provided by Law No. 13,429 of 2017)
§ 1 o It is prohibited to hire temporary workers to replace striking workers, except in cases provided for by law. (Included by Law No. 13,429 of 2017)
§ 2 o It is considered complementary to the demand for services that is derived from unforeseeable factors or, when due to predictable factors, is intermittent, periodic or seasonal. (Included by Law No. 13,429 of 2017)
Art. 3 – It recognizes the activity of the temporary work company that becomes part of the basic plan of the union framework referred to in art. 577, of the Consolidation of Labor Laws .
Art. 4 – It is understood as a temporary work company the individual or legal urban, whose activity consists in making available to other companies, temporarily, workers, duly qualified, paid and assisted by them.
Art. 4 Temporary employment company is the legal entity, duly registered in the Ministry of Labor, responsible for placing workers at the disposal of other companies temporarily. (Drafting provided by Law No. 13,429 of 2017)
Art. 4a. Company providing services to third parties is a legal entity under private law designed to provide the contractor with specific and specific services. (Included by Law No. 13,429 of 2017)
Art. 4a. The provision of services to third parties shall mean the transfer made by the contractor of the execution of any of its activities, including its main activity, to a private legal entity providing services that has economic capacity compatible with its execution. (Drafting provided by Law No. 13,467 of 2017)
§ 1 o The company that provides services contracts, remunerates and directs the work performed by its employees, or subcontracts other companies to perform these services. (Included by Law No. 13,429 of 2017)
§ 2 o There is no employment relationship between the employees, or partners of the companies that provide services, whatever their branch, and the contracting company. (Included by Law No. 13,429 of 2017)
Art. 4 o -B. The following are requirements for the company to provide services to third parties: (Included by Law No. 13,429 of 2017)
I – proof of registration with the National Registry of Legal Entities (CNPJ); (Included by Law No. 13,429 of 2017)
II – registration with the Board of Trade; (Included by Law No. 13,429 of 2017)
III – social capital compatible with the number of employees, observing the following parameters: (Included by Law No. 13,429 of 2017)
a) companies with up to ten employees – minimum capital of R $ 10,000.00 (ten thousand reais); (Included by Law No. 13,429 of 2017)
b) companies with more than ten and up to twenty employees – minimum capital of R $ 25,000.00 (twenty-five thousand reais); (Included by Law No. 13,429 of 2017)
c) companies with more than twenty and up to fifty employees – minimum capital of R $ 45,000.00 (forty-five thousand reais); (Included by Law No. 13,429 of 2017)
d) companies with more than fifty and up to 100 employees – minimum capital of R $ 100,000.00 (one hundred thousand reais); and (Included by Law No. 13,429 of 2017)
e) companies with more than 100 employees – minimum capital of R $ 250,000.00 (two hundred and fifty thousand reais). (Included by Law No. 13,429 of 2017)
Art. 4 or -C. The employees of the service provider company referred to in art. 4 a -A of this Law, when and as long as the services, which may be of any of the activities of the contractor, are performed in the premises of the borrower, the same conditions: (Included by Law No. 13,467 of 2017)
I – relating to : (Included by Law No. 13,467 of 2017)
a) guaranteed food for the employees of the contractor, when offered in canteens; (Included by Law No. 13,467 of 2017)
(b) the right to use transport services; (Included by Law No. 13,467 of 2017)
c) medical or outpatient care existing in the premises of the contractor or place designated by him; (Included by Law No. 13,467 of 2017)
d) adequate training, provided by the contractor, when the activity requires it. (Included by Law No. 13,467 of 2017)
II – sanitary measures, measures to protect health and safety at work and adequate facilities for the provision of the service. (Included by Law No. 13,467 of 2017)
§ 1 o Contractor and contractor may establish, if they so wish, that the employees of the contractor shall be entitled to a salary equivalent to that paid to the employees of the contractor, in addition to other rights not provided for in this article. (Included by Law No. 13,467 of 2017)
§ 2 o In contracts involving the mobilization of contracted employees in a number equal to or greater than twenty percent (20%) of the contractor’s employees, the contractor’s employees may provide the contractor’s employees with food and outpatient services in other appropriate places and with the same standard of with a view to maintaining the full operation of existing services. (Included by Law No. 13,467 of 2017)
Article 5 – The operation of the temporary work company will depend on registration in the National Department of Labor of the Ministry of Labor and Social Security.
Art. 5 the The service-taker is the legal entity or equivalent entity that enters into a temporary work contract with the company defined in art. 4 of this Law. (Drafting provided by Law No. 13,429 of 2017)
Art. 5a. Contractor is the natural or legal person who enters into a contract with a specific and specific service provider. (Included by Law No. 13,429 of 2017)
Art. 5a. Contractor is the individual or legal entity that enters into a contract with a company providing services related to any of its activities, including its main activity. (Drafting provided by Law No. 13,467 of 2017)
§ 1 o The contractor is prohibited from using the workers in activities other than those that were the subject of the contract with the company providing services. (Included by Law No. 13,429 of 2017)
§ 2 o The contracted services may be carried out in the physical premises of the contracting company or in another place, by common agreement between the parties. (Included by Law No. 13,429 of 2017)
§ 3 o It is the responsibility of the contractor to guarantee the conditions of safety, hygiene and health of the workers, when the work is carried out in its premises or place previously contracted in contract. (Included by Law No. 13,429 of 2017)
§ 4 o The contractor may extend to the employee of the company providing the services the same medical care, outpatient and meal for his employees, existing in the premises of the contractor, or place designated by him. (Included by Law No. 13,429 of 2017)
§ 5 o The contracting company is subsidiarily responsible for labor obligations related to the period in which the services are rendered, and the payment of social security contributions shall comply with the provisions of art. 31 of Law No. 8,212, of July 24, 1991 . (Included by Law No. 13,429 of 2017)
Art. 5 the -B. The service contract will contain: (Included by Law No. 13,429 of 2017)
I – qualification of the parties; (Included by Law No. 13,429 of 2017)
II – specification of the service to be provided; (Included by Law No. 13,429 of 2017)
III – deadline for performing the service, when applicable; (Included by Law No. 13,429 of 2017)
IV – value. (Included by Law No. 13,429 of 2017)
Art. 5 or -C. It may not appear as a contractor, in accordance with Art. 4 a -A of this Law, the legal entity whose owners or partners have rendered services to the contractor in the last eighteen months as an employee or worker without employment relationship, except if said owners or members are retired. (Included by Law No. 13,467 of 2017)
Art. 5 o -D. The employee who is dismissed will not be able to provide services to this same company as a service company employee before the expiration of eighteen months, counting from the dismissal of the employee. (Included by Law No. 13,467 of 2017)
Article 6 – The application for registration to function shall be instructed with the following documents:
a) proof of incorporation of the firm and Brazilian nationality of its partners, with the competent registration in the Commercial Board of the locality in which it has its headquarters;
b) proof of having capital of at least five hundred times the value of the highest minimum wage in force in the country;
c) proof of delivery of the list of workers referred to in art. 360, Consolidation of Labor Laws , as well as presentation of the Certificate of Regularity of Situation, provided by the National Institute of Social Security;
d) proof of payment of the Union Contribution;
e) proof of ownership of the headquarters building or receipt referring to the last month, related to the lease;
f) proof of registration in the Taxpayers General Registry of the Ministry of Finance.
Art. 6 There are requirements for operation and registration of the temporary work company in the Ministry of Labor: (Drafting provided by Law No. 13,429 of 2017)
(a) (repealed); (Drafting provided by Law No. 13,429 of 2017)
(b) (repealed); (Drafting provided by Law No. 13,429 of 2017)
(c) (repealed); (Drafting provided by Law No. 13,429 of 2017)
(d) (repealed); (Drafting provided by Law No. 13,429 of 2017)
(e) (repealed); (Drafting provided by Law No. 13,429 of 2017)
(f) (repealed); (Drafting provided by Law No. 13,429 of 2017)
I – proof of registration with the National Registry of Legal Entities (CNPJ), of the Ministry of Finance; (Included by Law No. 13,429 of 2017)
II – proof of the competent registration with the Board of Trade of the locality in which it has its headquarters; (Included by Law No. 13,429 of 2017)
III – proof of ownership of at least R $ 100,000.00 (one hundred thousand reais). (Included by Law No. 13,429 of 2017)
Single paragraph. In the event of a change of venue or opening of branches, agencies or offices, the presentation of the documents referred to in this article is waived, however, prior written notice to the National Labor Department is required in writing , with justification and address of the new headquarters or operating units of the company.
Single paragraph. (Revoked). (Drafting provided by Law No. 13,429 of 2017)
Art. 7 – A temporary work company that is working on the effective date of this Law will have a ninety day deadline to meet the requirements contained in the previous article.
Single paragraph. The offending company of this article may be suspended by the Director General of the National Labor Department, with recourse to the Minister of State within ten days from the publication of the act in the Official Gazette of the Union.
Article 8 – The temporary employment agency is obliged to provide the National Labor Department, when requested, with the information deemed necessary for the study of the labor market.
Art. 9 – The contract between the temporary work company and the company that takes service or client must be written and it must expressly state the justification for the demand for temporary work, as well as the modalities of remuneration for the provision of services.
Art. 9 The contract entered into by the temporary employment agency and the service provider shall be in writing and shall be available to the supervisory authority at the establishment of the service provider and shall contain: (Drafting provided by Law No. 13,429 of 2017)
I – qualification of the parties; (Included by Law No. 13,429 of 2017)
II – justification for the demand for temporary work; (Included by Law No. 13,429 of 2017)
III – term of provision of services; (Included by Law No. 13,429 of 2017)
IV – value of the rendering of services; (Included by Law No. 13,429 of 2017)
V – provisions on the safety and health of the worker, regardless of where the work is performed. (Included by Law No. 13,429 of 2017)
§ 1 o It is the responsibility of the contracting company to guarantee the conditions of safety, hygiene and health of the workers, when the work is carried out in its premises or in a designated place. (Included by Law No. 13,429 of 2017)
§ 2 o The contractor shall extend to the worker of the temporary employment agency the same medical, outpatient and meal service for his employees, existing in the premises of the contractor, or place designated by him. (Included by Law No. 13,429 of 2017)
§ 3 o The temporary work contract can be about the development of activities-means and activities-end to be executed in the service-taker company. (Included by Law No. 13,429 of 2017)
Article 10 – The contract between the temporary employment agency and the borrowing company or client, with respect to the same employee, may not exceed three months, unless authorized by the local body of the Ministry of Labor and Social Security, according to instructions to be downloaded by the National Labor Department.
Art. 10. Whatever the branch of the service-making company, there is no employment relationship between it and the workers hired by the temporary agency. (Drafting provided by Law No. 13,429 of 2017)
§ 1 o The temporary employment contract, with respect to the same employer, may not exceed the term of one hundred and eighty days, consecutive or not. (Included by Law No. 13,429 of 2017)
§ 2 o The contract may be extended for up to ninety days, consecutive or not, beyond the period established in § 1 of this article, when proven to maintain the conditions that caused it. (Included by Law No. 13,429 of 2017)
§ 3 o (VETOED). (Included by Law No. 13,429 of 2017)
§ 4 o Does not apply to the temporary worker, contracted by the service provider, the experience agreement provided for in the sole paragraph of art. 445 of the Consolidation of Labor Laws (CLT), approved by Decree-Law No. 5,452, dated May 1, 1943 . (Included by Law No. 13,429 of 2017)
§ 5 o Temporary employees who meet the stipulated period in §§ 1 and 2 of this article may only be made available to the same borrower services in new temporary contract, ninety days after the expiration of the previous contract. (Included by Law No. 13,429 of 2017)
§ 6 o The contracting prior to the period established in § 5 of this article characterizes employment relationship with the borrower.
§ 7 o The contractor is subsidiarily responsible for labor obligations related to the period in which temporary work occurs, and the payment of social security contributions shall comply with the provisions of art. 31 of Law No. 8,212 of July 24, 1991 . (Included by Law No. 13,429 of 2017)
Article 11 – The employment contract entered into between a temporary employment agency and each of the employees placed at the disposal of a borrowing company or client shall be obligatorily written and shall include expressly the rights conferred on the workers by this Law.
Single paragraph. Any reservation clause shall be void, prohibiting the hiring of the employee by the borrowing company or client at the end of the period in which it was made available to him by the temporary employment agency.
Article 12 – Temporary workers are guaranteed the following rights:
a) remuneration equivalent to that perceived by the employees of the same category of the borrowing company or client calculated on an hourly basis, guaranteed, in any case, the perception of the regional minimum wage;
b) eight-hour day, paid overtime not exceeding two hours, with an increase of 20% (twenty percent);
c) proportional vacation, pursuant to article 25 of Law 5.107, of September 13, 1966;
d) paid weekly rest;
e) additional night work;
f) indemnification for unfair dismissal or normal termination of the contract, corresponding to 1/12 (one-twelfth) of the payment received;
g) insurance against accidents at work;
h) social security protection in accordance with the provisions of the Organic Law on Social Security, with the changes introduced by Law No. 5.890, of June 8 , 1973 ( article 5, item III, letter “c” of Decree No. 72.771, of September 1973 ).
Paragraph 1 – The employee’s Work and Social Security Card will be registered as temporary.
Paragraph 2 – The borrowing company or client is obliged to inform the temporary work company of the occurrence of any accident whose victim is an employee placed at his disposal, considering the place of work, for the purpose of the specific legislation, both the one where it is effected the provision of work, as the headquarters of the temporary employment agency.
Article 13 – The acts and circumstances mentioned in Articles 482 and 483, Consolidation of Labor Laws , occurring between the worker and the temporary work company or between him and the client company where the temporary worker contract is terminated are just cause for termination of the contract of the temporary worker service.
Article 14 – Temporary work companies are obliged to provide to the borrowing companies or clients, at their request, proof of the regularity of their situation with the National Institute of Social Security.
Article 15 – The Labor Inspectorate may require the borrowing company or client to present the contract signed with the temporary work company, and, of the latter, the contract signed with the worker, as well as the proof of the respective payment of social security contributions.
Art. 16 – In the event of the bankruptcy of the temporary work company, the borrowing company or client is jointly and severally liable for the collection of social security contributions, regarding the time the employee was under his orders, as well as for the same period, compensation and indemnification provided for in this Law.
Art. 17 – It is closed to the companies of provision of temporary service the hiring of foreigners with temporary visa of permanence in the Country.
Article 18 – It is forbidden for the temporary work company to charge the worker any amount, even as a mediation, and can only make the discounts provided for in Law.
Single paragraph. The infraction of this article implies in the cancellation of the registration for operation of the company of temporary work, without prejudice of the applicable administrative and penal sanctions.
Art. 19 – It will be up to the Labor Court to settle disputes between temporary service companies and their employees.
Art. 19-A. Failure to comply with the provisions of this Law subject the company infringing the fine. (Included by Law No. 13,429 of 2017)
Single paragraph. The inspection, assessment and process of imposing fines shall be governed by Title VII of the Consolidation of Labor Laws (CLT), approved by Decree-Law No. 5,452, dated May 1, 1943 .
Art. 19-B. The provisions of this Law does not apply to surveillance and transit companies, remaining their labor relations governed by special legislation, and additionally by the Consolidation of Labor Laws (CLT), approved by Decree-Law No 5452 of 1 the one of May of 1943 . (Included by Law No. 13,429 of 2017)
Art. 19-C. Contracts in effect, if the parties so agree, may be appropriate to the terms of this Law. (Included by Law No. 13,429 of 2017)
Art. 20 – This Law will come into force sixty days after its publication, repealing the provisions to the contrary.
Brasília, January 3 , 1974; 153 of Independence and 86 of Republic.
Emílio G. Médici
Alfredo Buzaid
Júlio Barata
This text does not replace the one published in the DOU 4.1.1974