The enactment of the Constitutional Amendment resulting from PEC No. 221/2019, which reduces the maximum working hours from 44 to 40 hours per week and eliminates the 6x1 shift schedule by extending paid weekly rest, consolidates a historical milestone in labor relations and reignites the debate on the balance between employee appreciation and the economic sustainability of companies.
With the conclusion of the legislative process in the National Congress, the immediate effects are already becoming apparent for various sectors of the economy, especially those characterized by high intensity of on-site labor, continuous operating regimes, and strong dependence on operational planning.
The change affects all existing employment contracts and will have a significant impact on human resources routines, collective bargaining, production cost formation, productivity management, and the pricing of products and services.
What changes in practice for labor relations?
The amendment to Article 7 of the Federal Constitution establishes, among its main guidelines:
- Maximum workday of 8 hours and 40 hours per week, achieved in a phased manner;
- Guarantee of two paid weekly rest days, one of which should preferably be on Sundays;
- Gradual transition rule: reduction to 42 hours per week two months after the amendment is published (already including the two days of rest) and reaching the final limit of 40 hours after another 12 months;
- Express maintenance of salaries and minimum wages, with any reduction in pay due to a decrease in working hours being prohibited;
- The possibility exists for collective agreements and conventions to establish compensatory work schedules, including for workers subject to differentiated schedules, provided that, on average per month, two paid rest days are guaranteed;
- Provision for sub-constitutional regulations to govern specific cases and sectors of differentiated work schedules.
In practice, the proposal reduces the number of available working hours without reducing employee pay, increasing the cost per hour worked and requiring the expansion of staff or the restructuring of shifts to maintain usual productivity levels.
It is worth noting that the guarantee of two days of rest does not necessarily imply fixed days off on Saturdays and Sundays. Especially in sectors that operate continuously or seven days a week, the enjoyment of rest may be organized through alternating schedules and rotation systems, respecting the Sunday preference and the monthly periodicity stipulated in the regulation.
In this context, the reorganization of work schedules will cease to be merely a matter of human resources management and will become an integral part of companies' strategic planning. This scenario reinforces the use of collective bargaining as an indispensable instrument for adapting to the new constitutional limits.
Among other aspects, the collective agreement and convention may regulate:
- New work schedule matrices and shift systems;
- Time bank and working hours compensation mechanisms;
- Shift reorganization;
- Criteria and limits for working overtime;
- Working weekends and holidays on continuous assignments;
- Operational rules for adaptation during the transition period.
The approval of the Constitutional Amendment Proposal (PEC) represents a profound transformation in labor relations in the country, transferring to the strategic management of companies the challenge of reconciling the reduction of the weekly work schedule with the financial sustainability and productivity of the business. In this new scenario, the strategic use of collective labor agreements, the restructuring of work schedules, and preventive legal governance become indispensable to navigate the transition period with legal certainty.
Our office remains available to answer questions and assist in analyzing the impacts of this important decision.
