The proposal to change working hours in Brazil has reached a significant milestone in the legislative agenda. The Chamber of Deputies has approved, in two rounds of voting, the Constitutional Amendment Proposal (PEC) that eliminates the traditional 6×1 work schedule (six working days followed by one day off). The approved text reduces the maximum weekly workload from 44 to 40 hours, establishing a limit of five working days and two days of rest per week.
For the corporate environment, this moment demands immediate attention and strategic planning. Although the measure still depends on approval in the next legislative stages before it can be enacted, the proposal’s approval by the Chamber’s Special Committee by a vote of 34 in favor and 4 against signals the rapid advancement and consolidation of a structural change in Brazilian labor relations.
Given this imminent regulatory transition, anticipating compliance measures is essential for companies to mitigate operational risks and ensure legal certainty. Below, we analyze the transition timeline, the practical impacts on collective bargaining agreements, and the regulatory and contractual actions organizations should adopt.
1. The Transition: Stages of the New Work Schedule
In order to reduce the immediate financial and operational impact on the productive sector, the final text includes a phased transition rule following the future enactment of the constitutional amendment.
Phase I (60 Days After Enactment)
The definitive end of the 6×1 schedule takes effect. Employees become entitled to two paid weekly rest days, with one of them preferably falling on Sunday.
Within the same timeframe, the maximum weekly workload is reduced from 44 to 42 hours.
Phase II (14 Months After Enactment)
The final reduction takes effect, establishing a maximum workload of 40 hours per week and a strict limit of 8 working hours per day.
It is important to note that the PEC explicitly prohibits any salary reduction, whether nominal or proportional, resulting from the reduction in working hours. This protection also applies to collectively negotiated minimum salary levels.
2. Next Steps in the Legislative Process
Following approval by the Chamber of Deputies, the PEC will move to the Federal Senate.
As a constitutional amendment, the proposal must be approved in two rounds of voting by at least three-fifths of the senators (49 votes).
Employer associations have already begun mobilizing in the Senate to seek additional adjustments, and there is a possibility of debates surrounding parallel proposals, such as compensation based on hours worked. Nevertheless, the political timeline suggests that the matter could receive final consideration later this year.
If the Senate modifies the substance of the proposal, it will return to the Chamber of Deputies for further review.
3. Structural Impact: Collective Bargaining Agreements and Time Banks
The flexibility of the transition will depend heavily on union negotiations. Companies will need to review their internal policies based on the following guidelines established in the proposal.
The Role of Collective Bargaining Agreements During the Transition
During the 12-month period between the implementation of the 42-hour workweek and the final 40-hour limit, the PEC expressly allows Collective Bargaining Agreements (CCTs) and Collective Labor Agreements (ACTs) to authorize daily working hours beyond the standard 8-hour limit.
This measure is intended to facilitate the compensation of working hours during the transition, provided that the two-day weekly rest requirement is strictly respected.
Expiration of Existing Provisions
The proposal establishes that, 60 days after enactment, any provisions in existing collective agreements or conventions related to working hours or weekly rest that are incompatible with the new limits will automatically become invalid.
As a result, companies should carefully review the contents of their collective agreements and conventions. Early assessment is critical to identify conflicts with the new framework and begin planning the regulatory transition.
Time Bank Adjustments
As weekly working hours decrease first to 42 hours and later to 40 hours, overtime calculations and time bank policies will change.
Hours previously considered part of the standard 44-hour workweek will become overtime hours. Companies will need to recalculate accumulation limits and optimize time-tracking systems to avoid labor liabilities.
Organizations currently operating under a 44-hour workweek and relying heavily on overtime should immediately review their practices to avoid future labor claims and excessive labor costs.
4. Legal Compliance: The Need to Revise Contracts and Agreements
One of the primary areas requiring attention will be the review of all employment-related documentation.
The constitutional reduction in working hours will render existing practices obsolete and legally vulnerable if not properly formalized.
Amendments to Individual Employment Contracts
All active employment agreements based on a 44-hour workweek will require formal amendments.
These amendments should specify:
- The new workload (first 42 hours, then 40 hours);
- The revised distribution of workdays and rest days;
- Explicit confirmation of salary preservation.
Updates to Individual Compensation Agreements
Individual working-time compensation agreements will remain valid.
However, companies will need to review and update these arrangements to ensure compliance with the new weekly limits of 42 and later 40 hours.
Alignment Between Contracts and Collective Agreements
Individual employment contract provisions must align with the terms established in future collective bargaining agreements.
Flexible arrangements implemented unilaterally by employers or without appropriate union support may be deemed invalid during inspections or labor disputes.
5. Special Regimes and Relevant Exceptions
The approved text includes important provisions designed to protect certain business models and professional categories.
Exception for High-Income Professionals
Working-hour limitations and time-tracking requirements will not apply to employees who:
- Hold a university degree; and
- Earn more than 2.5 times the Brazilian Social Security ceiling (currently equivalent to BRL 21,188.87 per month).
For this group, working-hour controls will only apply if required by collective bargaining agreements or voluntarily adopted by the employer.
The entitlement to two weekly rest days, however, remains guaranteed.
Alternative Work Schedules (Such as 12×36)
For essential sectors—including healthcare, security, transportation, and urban sanitation—collective agreements may establish exceptional compensation arrangements.
The objective is to preserve the equivalent of two weekly rest days over the course of a calendar month, allowing rest periods to be accumulated and taken later.
6. Practical Recommendations for Companies
Drummond Advisors recommends that companies begin preventive planning immediately.
Audit Contracts and Agreements
Identify all employment agreements and individual compensation arrangements that will require legal amendments once the PEC is enacted.
Model Operational Costs
Assess the financial impact of reduced working hours on productivity.
Determine whether additional hiring will be necessary or whether operational demands can be addressed through automation and task redistribution.
Prepare for Labor Negotiations
Coordinate with employer associations and labor unions regarding upcoming collective bargaining discussions, focusing on compensation agreements, time banks, and shift schedules.
Update Internal Systems
Prepare electronic time-tracking and payroll systems to support the transition from 44 to 42 hours and eventually to 40 hours per week, preventing payroll discrepancies and compliance issues.
Conclusion
Proactively adapting to this new labor framework not only reduces legal risks and labor liabilities but can also become a competitive advantage in talent management and retention within the Brazilian market.
Organizations that begin planning now will be better positioned to navigate the transition efficiently, maintain compliance, and preserve operational stability as the new rules take shape.
Written by Daniel Rangel, Head of Labor Law at Drummond Advisors