Alterações procedidas pelas leis n.o 13.429/2017 e 13.467/2017 na regulamentação do trabalho temporário

Abstract

The present study focuses on the changes brought about by Laws no. 13,429/17 and 13,467/17, which altered the text of Law no. 6.019/74, which regulates temporary employment contracts. Furthermore, the historical evolution of social policies related to the development of Labor Law is also addressed, specifically regarding neoliberalism, whose ideology favors the flexibility of labor rights. Next, the concept of outsourcing is briefly outlined, and general remarks are offered about the inclusion of outsourcing-related norms in the statute which regulates Temporary Employment Contracts. Special emphasis is given to the substantial differences between each of these legal concepts, indicative of a veritable process towards greater flexibility in labor rights. Subsequently, temporary employment is conceptualised, followed by the main modifications made to the statute, required to assure the lawful existence of this type of contract. Additionally, we analyze how the peculiarities of temporary employment contracts may bring flexibility not only to employees' rights, but also to employers' duties, especially those on the hiring side. With such analyses, we aim to demonstrate the contradictions between temporary employment contracts and the rules laid down by the Employee Protection and Continuity of Employment Principles, fundamental to the interpretation and inception of labor legislation