The independent worker is a natural person, who provides services to several companies - calls from service providers - and does not have an employment relationship.
The nature of their service is occasional and the intermediation between the worker and the company is made, necessarily, by union or by the Labor Management Agency (OGMO) - in the case of a worker port. Despite the mandatory intermediation of the union or OGMO, the independent worker may choose to join the union or not.
Individual workers have the same rights as workers who have an employment relationship: fair remuneration, FGTS, 13th salary, paid vacation, paid weekly rest and additional night. In addition, according to article 11 of Law 8.213/1991, independent workers are compulsory Social Security insured.
The standard that regulates the independent worker is Law 12.023/2009, before this regulation, the independent workers did not have the same rights as workers with a contract. employment.
Single job characteristics
- The service is provided eventually
- The worker can provide services to several companies
- The intermediation of the union or the OGMO is mandatory
- Remuneration is made in the form of apportionment
Independent port and non-port worker
There are two types of independent workers in Brazil: port and non-port.
Independent dock worker is the one who works in ports and performs the following functions:
- foreman
- Stowage
- Repair and cargo checking
- Surveillance of vessels and port facilities
The intermediation between the worker and the company, in this case, is compulsorily made by the Labor Management Agency (OGMO). In these cases, the worker does not have an employment relationship and can provide services to different port operators.
Non-port independent worker works in the following roles:
- Loading and unloading of vessels (including coal and ore stevedoring workers)
- Workers in Alvarengas (vessels used for loading and unloading ships)
- Loading and unloading lecturers
- Loading and unloading repairmen
- Individuals in block or foreman service
- boat mooring
- Port baggage carrier
- practical
- Coffee, cocoa, salt and similar baggers
- Workers in the salt extraction industry without employment relationship and other loading and unloading operators
Difference between independent, self-employed and temporary workers
Freelancer: is someone who performs a professional activity for a company without an employment relationship and without subordination. The self-employed person negotiates directly with the company and their services are provided occasionally.
Temporary worker: the temporary worker is hired by the company for a maximum period of 90 days to replace temporarily company employees who need to be absent or in periods of greater demand for work. To hire a temporary worker it is necessary to make a contract with a service provider - direct hiring is not allowed.
Independent worker: it is the worker who provides services to a company on an occasional basis and who, despite not having an employment relationship, has the same rights as workers with a relationship. The intermediation of the service is obligatorily done by the union of the category or by OGMO.
See also the meaning of welfare, social Security and CLT.