The Chamber of Deputies approved, in two rounds of voting, the Proposed Amendment to the Constitution (PEC) that establishes a 40-hour work week over five days with two days off, ending the 6 x 1 schedule (one day off and 44 hours per week). The text provides for a transition period and specific laws to address certain career paths.

PEC 221/19 was approved in the second round with 461 votes in favor and 19 against . In the first round, there were 472 votes in favor and 22 against .

The text that will go to the Senate is a substitute proposed by Representative Leo Prates (Republicanos-BA) for the proposed constitutional amendment (PEC) by Representative Reginaldo Lopes (Workers' Party), which provided for a 36-hour work week, and for PEC 8/25 ,by Representative Érika Hilton (Socialism and Freedom Party), which provided for the same work week over four days.

According to the text, the reduction in weekly working hours will be without a reduction in salary, and there will be a transition to reach 40 hours.

Two months after the publication of the future constitutional amendment, the two paid days off per week will already be in effect, one of which should preferably be on Sundays.

Also starting from that date, workers registered under the Consolidation of Labor Laws (CLT) will have a weekly workload of 42 hours.

One year after the end of those two months, therefore 14 months after the enactment, the work week will be 40 hours.

During this one-year period, a collective bargaining agreement or labor agreement may extend the normal daily working hours (beyond 8 hours per day) to facilitate the transition to 42 hours, while respecting the two days of paid rest.

Minimum wage:

The PEC guarantees that the 8-hour workday and 40-hour workweek with two days off will be applied to existing employment contracts without any reduction in salary, whether nominal, proportional, or of any other kind. The maintenance of the salary will also apply to minimum wages.

However, there are exceptions provided for in the PEC itself, such as for holders of a higher education degree who earn more than 2.5 times the Social Security ceiling (currently equivalent to R$ 21,188.87) and for outsourced workers in labor contracts with the public administration.

Differentiated work schedules

Although the PEC guarantees minimum parameters (40 hours and two days of rest), it allows ordinary laws to establish conditions and hypotheses for differentiated work schedules, respecting these limits and the possibility of uninterrupted six-hour rotating shifts.

For cases such as the 12x36 shift schedule and essential activities in health, security, transportation, urban cleaning, and others, collective bargaining agreements or conventions may, exceptionally, provide for a compensation scheme to ensure, on average, two paid weekly rest days within the calendar month.

Thus, weekly days off could be accumulated to be taken at another time during the month, ensuring that at least one of the days is after a week of work.

Fewer hours:

The change will not imply a proportional reduction in working hours already set at 40 hours or less per week, and workers will also be entitled to two paid days off per week.

Another point that will take effect two months after the publication of the future constitutional amendment is the loss of validity of clauses in collective agreements and conventions regarding working hours and paid weekly rest that are incompatible with the new standard.

Microentrepreneur:

As a result of negotiations surrounding the text, Representative Leo Prates incorporated a provision to refer the definition of transitional rules to a supplementary law, in order to lessen the impact of the change on individual microentrepreneurs (MEIs), micro-enterprises, and small businesses.

Although not explicitly stated in the text, the idea is that MEIs (Individual Microentrepreneurs) will be able to hire two employees instead of one, as is currently permitted. The government has also agreed to adjust the eligibility criteria for MEIs, micro and small businesses under the Simples Nacional (Simplified National Tax System).

The proposed amendment states that these measures will be conditional on maintaining employment levels.

Without Limits

Under the argument that it will discourage "pejotização" (hiring workers as legal entities), Prates proposes that the constitutional rules on working hours (40 hours per week and 8 hours per day) and on work schedule control should not be applied to employees with a higher education degree who receive more than 2.5 times the Social Security ceiling, which today would be equivalent to R$ 21,188.87 (R$ 8,475.55 ceiling).

The exception would be at the employer's discretion (if they so wish) or if provided for in a collective bargaining agreement or convention.

The two days of paid rest per week must be observed, and the new rule will not apply to public employees of the direct and indirect administration of any of the branches of the Union, the states, the Federal District, and the municipalities. The Labor Courts will process and judge actions related to this rule.

Since this rule comes into effect immediately after the publication of the constitutional amendment, existing contracts should be adapted, potentially implying work schedules exceeding 44 hours per week if there is no collective agreement or convention for a specific career path.

Outsourcing:

In order to avoid an immediate impact on existing outsourced labor contracts in the direct and indirect administration of federative entities, the text conditions the change to 42 hours and then to 40 hours, according to the transition, on an addendum to the contract between the labor supply company and the administration. This would maintain the economic and financial balance of the contract.

The addendum must occur within one year of the publication of the future amendment and involves contracts governed by legislation on bidding and administrative contracts (security and cleaning personnel, for example), concessions and permits for public services and works (airport administrators or highway concessionaires, for example), public-private partnerships, and other instruments of collaboration with the private sector (social organizations, for example).

All these workers will be guaranteed no reduction in wages, and if the contract amendment is not finalized within the stipulated timeframe, the reductions in the weekly working hours to 42 and 40 hours will apply regardless.

If the contractual change is implemented within the specified timeframe, the new work schedule will be effective from the date of its formalization.

Therefore, contracts that are reformulated in the first two months after the publication of the future amendment must provide for the reduction to 42 hours foreseen in the transition and the paid rest period of two days per week.