Brazil considers ending the six-day working week

The discussion on the reduction of weekly shifts and the end of the traditional 6x1 schedule reached a new stage after the approval, by the Chamber of Deputies, of the substitute text presented by the rapporteur of the Special Commission created to analyze the existing proposals on the subject.

Until recently, the debate was marked by the coexistence of different legislative proposals, with different models to reduce working hours and work schedules. With the approval by the Chamber, there is now a text to be discussed in concrete, with rules for transition, an implementation schedule and mechanisms for adaptions already defined.

The approved text provides for the gradual reduction of the maximum weekly work schedule to 40 hours without salary reduction, associated with the guarantee of 2 days of paid rest per week. The current limits are 44 hours per week and 1 day of rest, the so-called “6x1 week”.

According to the approved text, after enactment of the Constitutional Amendment, the weekly maximum schedule would be initially reduced to 42 hours, in 60 days. After an additional transition period of 12 months, the working week would be definitively limited to 40 hours. The proposed amendment also provides for the preservation of workers' compensation level, the maintenance of minimum wages and specific adaptation mechanisms for certain economic sectors.

Another relevant aspect is the importance of collective bargaining as an instrument to help implement changes. The approved text assigns a central role to collective agreements to discipline compensatory regimes, work schedules and sectoral solutions to accommodate the different operational realities and market needs.

The text also includes specific provisions aimed at micro and small businesses, rebalancing mechanisms for public contracts and concessions, and includes special treatment for white-collar employees, based on educational and salary levels.

From a legislative perspective, the proposal still depends on approval by the Federal Senate and may still undergo adjustments. But the approval obtained in the Chamber, by a large majority, indicates that the subject is no longer a theoretical discussion but a concrete possibility of relevant change in labor relations later this year.

From a business perspective, the potential impacts vary significantly per economic sector and operational model. Businesses that depend on continuous operation, face-to-face service, alternate shifts or high use of labor tend to face more challenges. Retail, logistics, health services, food and other industrial segments are among the sectors expected to be more affected.

In addition to the reorganization of work schedules, the eventual change is expected to impact operating costs, team sizing, and workday management. The reduction of the weekly limit increases the value of the hour of work, and impacts the dynamics of overtime and its impact on the calculation of paid weekly rest, vacations, Christmas bonus, FGTS deposits and contributions to Social Security.

Despite the uncertainties about the final text to be approved by Senate and the possibility of adjustments during the process, the proposal is calling companies’ attention right now. The mapping of the most exposed areas, the review of collective instruments in force and the prior simulation of the financial and operational impacts are recommended measures for organizations that intend to prepare for a possible new constitutional regime of working hours in Brazil.