Brazil: Brazilian Senate approves 40-hour workweek and two paid rest days per week 

Authors: Gabriela Lima, Mariana Fiorotto and Luiza Dizioli

Brazilian Senate approves Constitutional Amendment to gradually reduce maximum weekly working hours from 44 to 40 hours and guarantee two paid rest days per week, without any reduction in compensation.

On 14 October 2026, the Brazilian Federal Senate approved the Proposed Constitutional Amendment (“PEC”) No. 221/2019, which provides for a reduction in the maximum weekly working hours from 44 to 40 hours and guarantees two paid rest days per week, without any reduction in compensation. The resulting Constitutional Amendment No. 141/2026 was promulgated and published on 16 October 2026.

Under the Constitutional Amendment, maximum weekly working hours will be gradually reduced from 44 to 40 hours, while the current eight-hour daily limit will remain unchanged and the existing possibilities for working-hour compensation under the Federal Constitution and applicable legislation will be preserved. Employees will be entitled to two paid rest days per week, one of which should preferably fall on a Sunday. The reduction in working hours may not result in any reduction in employees’ compensation, including applicable minimum salary levels, and the new rules will also apply to existing employment agreements.

The new limits will be implemented gradually. Two months after publication, on 16 December 2026, maximum weekly working hours will be reduced to 42 hours, and employees will become entitled to two paid rest days per week. On the same date, provisions of collective bargaining agreements that are incompatible with the Constitutional Amendment will cease to have effect.

During the following 12-month period, collective bargaining agreements may provide for an extension of daily working hours to allow the 42 weekly hours to be distributed differently throughout the workweek, provided that the two paid rest days per week are preserved. Fourteen months after publication, on 16 December 2027, the definitive 40-hour weekly limit will become effective.

The new limits will apply regardless of collective bargaining agreements. Working-hour compensation arrangements and bank of hours systems will remain permitted, subject to the applicable legal requirements and the parameters established by the Constitutional Amendment. Exceptionally, collective bargaining agreements may establish compensation arrangements that ensure an average of two weekly rest days over the month, provided that employees receive at least one rest day per workweek.

The Constitutional Amendment also establishes specific rules for certain employees and businesses. Working-hour limits and timekeeping requirements will not apply to employees who hold a university degree and receive monthly compensation equal to or greater than 2.5 times the ceiling for benefits under the Brazilian General Social Security Regime (“RGPS”), currently BRL 21,188.87.

For existing public contracts involving direct employment of workers, the reduction in working hours will depend on an amendment to the relevant contract, to be formalised within one year from the date of publication of the Constitutional Amendment, i.e., by 16 October 2027.

Finally, the Constitutional Amendment allows transitional measures to be established by Supplementary Law to mitigate the impact of the new requirements on individual microentrepreneurs (MEIs), microenterprises and small businesses.

Key Action Points for Human Resources and In-house Counsel:

• Review current working-hour arrangements and compensation systems, including bank of hours arrangements;
• Review employment agreements, internal policies, and timekeeping practices and controls;
• Review existing collective bargaining agreements to identify provisions that may need to be adjusted;
• Assess whether collective bargaining may be necessary or advisable to adapt existing working schedules to the new limits; and
• Identify employees who may fall within the exception applicable to individuals holding a university degree and receiving qualifying compensation (currently BRL 21,188.87).