ABSTRACT: In the Social Security Institute (ISS) was observed professional personnel and employees about health linked through employment contracts and other contracts to provide services, but the latter only received fees and no employment benefits enjoyed social security and the collective labor agreement. For this reason, those professionals and health workers without employment relationship have used the principle of the primacy of facts indicating that in case of divergence between what happens in reality and what was reflected in the documents should be given prevalence to what arises in practice the existence, to request the claim of labor rights and social security enshrined in the collective labor agreement.