At a glance
- Brazil has approved Constitutional Amendment Proposal (PEC) No. 221/2019, which will gradually reduce the maximum working week from 44 to 40 hours without reducing employees' salaries.
- The amendment replaces the traditional 6x1 working pattern with a general rule of five working days and two paid rest days per week.
- The reforms will be introduced in phases, with the weekly limit reducing to 42 hours after two months and to 40 hours after 14 months.
- Employers should review working arrangements, collective bargaining agreements and workforce planning to assess the impact of the changes.
- Certain highly paid employees with higher education qualifications are excluded from the new rules, and transitional measures may be introduced for smaller businesses.
On 16 October 2026, Brazil promulgated PEC, introducing significant changes to working time rules. The amendment provides for the end of the 6x1 work schedule and the gradual reduction of the maximum working week from 44 to 40 hours, with no reduction in employee salaries.
Given the potentially significant operational and payroll implications of the reforms, employers should begin assessing how the changes may affect their workforce and working arrangements.
What are the changes?
The amendment introduces a number of changes to working time arrangements, including:
- The end of the 6x1 work schedule, with the general rule becoming five working days and two paid rest days per week, one of which should preferably fall on a Sunday.
- A gradual reduction in the maximum working week from 44 to 40 hours.
- A requirement that reduced working hours must not result in lower employee pay.
- Exemptions for employees with higher education qualifications who earn more than BRL21,188.87.
- Greater scope for flexibility through collective bargaining agreements and conventions, subject to the requirements set out in the constitutional text.
- The possibility of sector-specific rules governing working hours and rest periods for certain activities and categories of workers.
- Transitional measures for individual microentrepreneurs, micro-enterprises and small businesses, which may be introduced through supplementary legislation.
When will the changes take effect?
The reforms will be implemented gradually following publication of the Constitutional Amendment:
- Two months after publication: The maximum working week will be reduced to 42 hours and employees will be entitled to two paid rest days per week. During this phase, any extension of daily working hours to redistribute working time across five days must be agreed through collective bargaining. Clauses in collective agreements that conflict with the amendment will cease to have effect.
- 14 months after publication: The maximum working week will be further reduced to 40 hours, while maintaining two paid rest days per week.
What should employers do?
Employers should assess the impact of the reforms, particularly where they currently operate 44-hour working weeks, 6x1 schedules or continuous operations. Key preparatory steps include:
- Reviewing employee schedules and identifying affected business areas.
- Determining which employees may fall within the exemption for highly paid workers with higher education qualifications.
- Reviewing applicable collective bargaining agreements, including time-bank and compensation arrangements, to identify provisions that may become ineffective.
- Assessing whether workforce levels and resource allocation will need to be adjusted.
- Evaluating the operational and financial impact of reduced working hours, particularly for hourly-paid employees and those with variable compensation structures.
- Considering whether collective bargaining discussions should begin ahead of the implementation deadlines.
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