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Temporary employment: new legislation guarantees same rights as made effective

Job opportunity

Expectation of the retail is to realize a greater number of temporary ones than in the last two years. At least 27% of this workforce must be hired

With the arrival of the holidays, about 73,000 temporary jobs must be opened, only in commerce. These workers, under the new labor rules, have the same rights as fixed employees. The evaluation of specialists and traders is that this year, with the improvement of the economy and before the modernization of labor, more workers go from temporary to effective.

According to the National Confederation of Commerce of Goods, Services and Tourism (CNC), the projection is that 27% of the temporary workforce contracted in 2017 will take place after Christmas. In the last two years, this rate was lower, it was at 15%. At the end of the year, the first intermittent contracts also emerged, which will allow workers to have more than one contract, as well as longer agreements with employers.

"There may be a kind of temporary worker loyalty," explains CNC economist Fábio Bentes. "As the retail commemorative dates are well defined, a longer agreement may be made for Christmas and other dates," he said.

The temporary worker has practically the same rights as the effective employee. According to the labor legislation, he has salary equivalent to that of the category, overtime, eight-hour day, paid weekly rest, additional night work, occupational accident insurance, vacation and 13th proportional salary, in addition to the Service Time Guarantee Fund (FGTS) and social security contribution.

Scenery for 2018

Fábio Bentes, of the CNC, also notes that in view of the positive scenario for sales observed in recent months, the expectation is for more good numbers for trade during 2018. Given this scenario, the economist explained, retail should extend the temporary contracts and make a larger percentage of this workforce.

"As inflation will remain low, interest rates will fall, the labor market shows signs of recovery, I see no threat to this scenario any better," he argued. "The retailer already perceives better scenario and tends to hire. This picture tends to last a few months and guarantees an improvement in sales in 2018, "he said.

For the  Brazilian Association of Bars and Restaurants (Abrasel), these rules will increase the formality. "For the first time in Brazil we will be able to formally hire additional labor. Never has any buffet service in Brazil worked in the formality, "explained the president of the, Paulo Solmucci. "He always hired informal, at risk," he said.

According to him, with the new labor rules, restaurants, for example, may receive reservations at the time. "We imagine that this will be a Christmas that marks a new cycle. The numbers will appear, "he said.

Contract term

Temporary work, as of this year, however, has a change in the rules. Previously, the rule was that this contract was valid for three months. Now, it can be 180 days. After this period, if the conditions that led to temporary employment remain, it may be extended for a further 90 days.

According to a survey by Itaú Unibanco, these changes in legislation will generate more jobs and make Brazil a more competitive country. These new laws, according to the research of the institution, can raise Brazil, in terms of labor market efficiency, from position 117 to the 86th in a ranking of 138 countries.

Labor modernization

These rules also have the potential to increase Brazilian GDP per capita (GDP divided by the number of inhabitants). The projection is that with the most competitive labor market, this indicator will increase by 3.2% in the next four years (0.8% per year). In addition, the structural unemployment rate should fall by about 1.4 percentage points, which means approximately 1.5 million additional jobs.

In addition to seeking employment directly in the trade, the worker can use the Sine Fácil application. Developed by Dataprev, the application brings citizens the services of the National Employment System (Sine), from devices connected to the internet, such as mobile phones and tablets. The app, which is free, is available in the Android version and soon for iOS as well.