The social security reflexes of the intermittent employment contract established by law 13.467/2017

The labor reform instituted by Law 13,467/2017, among other changes, introduced the figure of the intermittent employment contract into the Brazilian labor system. Intermittent work is characterized by the provision of services alternately, with periods of activity and inactivity of the worker, since the work is performed according to the employer's needs, and can be hired in hours, days or months. In this sense, it is possible that there are months in which the employee does not work fully, in order to reflect negatively on his remuneration, causing him to receive a salary below the established legal minimum, as well as impacting the payment of his social security contribution, visa that the payment of said installment will be made by the employer according to the salary actually paid to the employee. Therefore, such a situation may cause inconvenience to the employee, since the payment of social security contribution by the insured, below what was foreseen, will not be counted for the grace period, as well as for the maintenance of their insured status before the social protection system. In this aspect, it is intended to discuss the collection of social security contributions of intermittent workers and what are the effects on their condition of insured for the purpose of retirement and maintenance of their quality of insured. In order to achieve the intended objective, this work was developed from the methodology of bibliographic research, especially works by Daniel Machado da Rocha, Carlos Alberto Pereira de Castro and João Batista Lazzari, Marco Antônio Redinz, Tiago de Campos de Oliveira, Marisa Santos, Leandro Fernandez and Rodolfo Pamplona Filho, well as the relevant social security legislation. The deductive method was used due to the incipience of the subject and naturally because of the scarcity of specific data on the subject, since it is a relatively new institute. In the context presented, it is intended to demonstrate that, in order to maintain their quality of insured, as well as to fulfill the legal requirements for reaching the retirement benefit, there is a need to supplement the security contribution by the intermittent worker.