Brazil: End of the 6×1 Work Schedule and Reduction of Weekly Working Hours

On May 27, the Brazilian Chamber of Deputies approved, in two rounds, Constitutional Amendment Proposal No. 221/2019 (“PEC 221/2019”), which amends Article 7 of the Federal Constitution to reduce the maximum weekly working hours and establishes two days of paid weekly rest, without salary reduction.

The proposal is now under review by the Brazilian Federal Senate. If approved, the new rules are expected to require companies to review employment agreements and adjust operational structures.

PEC 221/2019 replaces the current regime of 44 weekly working hours, typically structured under a 6×1 schedule, with a 40-hour workweek distributed over five days (5×2 schedule), ensuring two days of paid weekly rest, one of which preferably on Sundays. It also provides that such reduction may not result in any reduction in employees’ compensation.

Within two months from its publication, working hours would be reduced to 42 per week, employees would be entitled to two weekly rest days, and conflicting collective bargaining provisions would become invalid. However, the proposal establishes a 14-month transition period, during which companies will be allowed to extend daily working hours – usually 8 hours – through collective negotiation to meet a 42-hour workweek until full implementation of the 40-hour workweek.

PEC 221/2019 also provides that, on an exceptional basis, an arrangement to offset paid weekly rest days may be negotiated through a collective bargaining agreement, ensuring, on average, two rest days per month, with at least one of such days granted within a maximum period of one working week.

Additionally, PEC 221/2019 also provides that rules on working hours and time tracking do not apply to employees holding a university degree who earn compensation exceeding two and a half times the maximum benefit of the General Social Security Regime (currently BRL 21,188.87).

Specific rules were also established for contracts entered into with the public administration, conditioning the gradual application of the new working hours regime to a contractual amendment in order to preserve the economic-financial balance of such contracts.

Key Action Points for Human Resources and In-House Counsel

• Monitor the progress of PEC 221/2019 before the Brazilian Federal Senate and assess potential impacts on labor structure;
• Evaluate operational and cost impacts;
• Plan for gradual implementation, considering the proposed transition period and required adjustments, and the specific rules applicable to high-earning employees and public administration contracts.