Temporary employment contracts are a widely used tool across multiple sectors of the Brazilian economy — including retail, services, industry, events, and entertainment — and are regulated by Federal Law No. 6,019/74.
Under Brazilian law, a temporary worker is hired by a temporary staffing agency and assigned to a client company (the “user company”). This arrangement is legally valid, provided certain legal conditions are met.
Temporary hiring is allowed in the following cases: (i) temporary replacement of regular employees (e.g., due to leaves of absence, vacations, or medical leave); and meeting temporary or seasonal increases in services or production needs. (ongoing or permanent needs do not qualify.)
This is, therefore, a flexible and strategic solution, with a maximum duration of 180 days (consecutive or not), which may be extended once for an additional 90 days, provided the original reasons for the temporary need still apply, in accordance with Article 10 of Law No. 6,019/74.
Brazilian labor courts have consistently upheld the validity of temporary work contracts, as long as all legal requirements are fulfilled — particularly the involvement of a staffing agency duly registered with the Ministry of Labor (via the SIRETT system) and strict compliance with the legal reasons and time limits for temporary hiring.
In short, when no fraud or misuse is involved, temporary contracts do not create a direct employment relationship between the temporary worker and the user company. However, if the contract is used improperly — for instance, through successive renewals beyond legal limits or to cover ongoing needs — courts may determine that an employment relationship exists between the worker and the user company, which could result in liability for full employment rights and benefits.
Even when legally valid, the user company remains secondarily (subsidiarily) liable for labor obligations related to the period of temporary work. It is also responsible for ensuring the proper withholding and payment of social security contributions, as required by Article 31 of Law No. 8,212/91. Therefore, it is crucial that the user company monitors the staffing agency’s compliance with all labor and tax obligations arising from this type of contract.
In summary, for peak periods like Easter and other seasonal events, and provided that legal conditions are met and safeguards are in place, temporary employment contracts are the legally safest and most appropriate solution to handle predictable surges in demand during festive seasons in Brazil.
