Brazil’s Senate Committee on Constitution, Justice and Citizenship (CCJ), a panel that reviews the legal and constitutional aspects of legislation, is scheduled to vote Wednesday on a proposal to end the country’s six-day workweek model. The session is expected to begin at 9 a.m. Brasília time.
The measure, Constitutional Amendment Proposal 221/19, would replace the common 6x1 schedule—six days of work followed by one day off—with a 5x2 schedule for workers nationwide. Employees would receive two paid days of weekly rest, with one preferably falling on Sunday.
The proposal has not yet become law. If approved by the CCJ, it would move to the full Senate, where it must pass two votes with support from three-fifths of the chamber, or 49 of the 81 senators. Constitutional amendments are formally promulgated by the Senate presidency rather than signed by the president of Brazil.
A Two-Stage Reduction
The amendment would reduce the maximum weekly workweek from 44 hours to 42 hours 60 days after its promulgation and publication. Twelve months later, the limit would fall to 40 hours. The transition would occur without a reduction in salaries.
During the transition, some employees could work slightly more than eight hours on individual days as employers fit the existing weekly hours into a shorter workweek. Those hours would not automatically count as overtime under the proposal.
Workers who already have shorter workweeks would not receive another reduction immediately. Employees already on a 5x2 schedule would also initially see no change, although they would work fewer hours once the general weekly limit falls.
Sundays and Holidays
Ending the 6x1 model would not prohibit work on Sundays or public holidays. Businesses and services that operate continuously could continue doing so through rotating schedules, provided workers receive compensatory time off under applicable law or collective agreements.
The rules would affect sectors such as health care, transportation, communications, cleaning and retail, among others. If an employer provides neither compensatory leave nor another form of compensation required by law or collective bargaining, the work may have to be paid at double the regular rate.
Brazil’s Consolidation of Labor Laws (CLT) already contains rules for Sunday rest. Depending on the category, workers must receive a Sunday off within periods ranging from three to seven weeks. Women have a specific provision guaranteeing at least one Sunday off every 15 days.
Businesses and Special Schedules
Existing collective agreements covering the current workweek and schedule would cease to apply 60 days after the amendment’s publication. The proposal also creates a “super-employee” category: workers earning at least R$21,188.88 would not be subject to standard working-time control, but would still receive the new schedule’s benefits.
The amendment does not create job security or restrict dismissals. Companies could continue firing workers under existing labor rules. A future complementary law could establish temporary measures to reduce the impact on individual entrepreneurs, microbusinesses and small companies, potentially conditioning incentives on maintaining employment levels.
The text also leaves room for special arrangements, including the 12x36 schedule common in health care and security. A future law would define how such schedules could continue while preserving rest periods, pay and service capacity. This article is based on single-source reporting from Folha de S.Paulo.