End of the Six-Day workweek: Brazilian Congress approves reduction to a 40-hour working week

On 14 October 2026, the Federal Senate approved, in two rounds of voting, Proposed Constitutional Amendment (PEC) No. 221/2019, which provides for the abolition of the traditional six-days-on, one-day-off work schedule and the gradual reduction of the maximum working week from 44 to 40 hours, with no reduction in pay.

The new rules provide for two days of paid weekly rest, with no reduction in pay, and a transition period of up to 14 months.

Previously approved by the Chamber of Deputies, the proposal has completed the legislative process and will now be promulgated by the Brazilian National Congress.

The approval represents a significant change in the organisation of employment relations in Brazil, including for companies that already operate reduced working hours, due to the introduction of an additional day of paid weekly rest.

What will change following approval of the PEC? 

Gradual reduction in working hours

The approved text provides for the gradual reduction of the maximum working week from 44 to 40 hours:

• First 60 days: The current rules will remain in force during the adjustment period.
• After 60 days: The maximum working week will be reduced to 42 hours, with two days of paid weekly rest.
• After 14 months: The maximum working week will be permanently reduced to 40 hours, with the two weekly rest days maintained.

*The above periods begin to run from the date of publication of the Constitutional Amendment.

The reduction must be implemented without any nominal or proportional decrease in pay, including for existing employment agreements.

Abolition of the traditional 6×1 schedule and adoption of the 5×2 model

The PEC guarantees two days of paid weekly rest, one of which should preferably fall on a Sunday, establishing the five-days-on, two-days-off model as the new standard for organising working time.

The text nevertheless permits compensatory working-time arrangements established through collective bargaining, provided that the applicable constitutional requirements are observed, including the guarantee of two rest days per week and compliance with the minimum statutory rest periods.

The change therefore does not necessarily prohibit alternative work schedules, but it will require companies to review their structure and legal basis.

Impact on overtime and employment costs

The gradual reduction of the working week from 44 to 40 hours, with no reduction in pay, may have a material impact on employment costs, particularly in relation to the calculation of hourly pay, overtime, and related payments.

One of the main issues requiring attention will therefore be the monthly divisor applicable to the new working hours, also taking into account the introduction of two days of paid weekly rest.

Although a divisor of 220 is traditionally used for a 44-hour working week, and a divisor of 200 for a 40-hour working week, the new framework may give rise to legal debate regarding the applicable calculation criteria and the consequential effects on overtime payments.

The introduction of two days of paid weekly rest, one of which should preferably fall on a Sunday, will affect the applicable divisor. Under the rules currently in force, and assuming that the prevailing case law remains unchanged, this would result in a divisor of 240, calculated by dividing the 40-hour working week by five days and multiplying the result by 30. This is an important consideration, including for companies that already operate reduced working hours.

In addition, the reduction in working hours may require companies to reorganise shifts, review compensatory working-time and time-banking arrangements and, in certain industries, increase their headcount to ensure business continuity.

Companies should therefore assess the potential financial and operational implications in advance, taking into account the particular characteristics of their activities and the applicable collective bargaining instruments.

Review of collective bargaining agreements and conventions

Companies will need to reassess the provisions of collective bargaining agreements and collective bargaining conventions, particularly those governing working hours, work schedules, compensatory arrangements, time-banking arrangements, and paid weekly rest.

The approved text provides that clauses incompatible with the new constitutional provisions will cease to have effect following the initial two-month transition period.

Operational reorganisation and workforce planning

The reduction in weekly working hours may also require companies to reorganise shifts, review work schedules and, in certain industries, increase their headcount to ensure business continuity.

The impact will vary depending on the industry, operating model, and level of reliance on labour.

Exception to working-time limits

Another relevant provision concerns the proposed exception for employees who hold a university degree and receive monthly compensation equal to or greater than 2.5 times the maximum benefit payable under Brazil’s General Social Security System. Subject to the exceptions set out in the text itself, the rules governing working hours and timekeeping will not apply to these employees.

Main Risks for companies

Implementation of the new rules may create employment-related risks arising from failure to comply with working-time limits, grant weekly rest days, pay overtime correctly, or revise contractual and collectively bargained provisions that are incompatible with the new framework.

Without adequate planning, companies may face increased operating costs, employment-related liabilities, and workforce management challenges.

In practice, failures to comply with working-time and weekly-rest requirements, with consequential effects on overtime and paid weekly rest, are likely to arise if work schedules and payroll systems are not adjusted before the new rules take effect. The treatment of incompatible clauses in collective bargaining agreements and conventions will depend on the final wording of the approved text and the collective bargaining negotiations that follow.

How should companies prepare?

Although the PEC still requires promulgation, companies should begin assessing their working-time arrangements and work organisation models, particularly by taking the following measures:

• Mapping current working hours and schedules to identify potentially affected employees and operations.
• Modelling the financial impact, including the applicable divisor, pay, overtime, employment charges, and any need for additional hiring.
• Reviewing collective bargaining instruments and employment agreements to identify provisions requiring amendment.
• Restructuring shifts and compensatory working-time arrangements, taking into account the particular requirements of each activity.
• Updating timekeeping and payroll systems to reflect the new divisor and paid weekly rest requirements.
• Planning negotiations with trade unions where necessary to implement alternative work schedules.

Our Labor team is monitoring developments and remains available to assess their specific impact on each company’s operations and collective bargaining instruments.