Brazil Senate: Approves 40-Hour Workweek Constitutional Amendment

• Brazil's Senate approved a constitutional amendment to reduce the standard workweek from 44 to 40 hours.
• The amendment guarantees two paid days off per week and formally ends the "6x1" work schedule.
• The workweek reduction will be phased, first to 42 hours within 60 days of promulgation, then to 40 hours approximately one year later.
• Employers are prohibited from reducing salaries due to the shorter workweek.
• Concerns remain regarding the reform's reach to informal workers and the role of collective bargaining in regulating rest days.

A key provision of the amendment stipulates that employers are prohibited from reducing salaries as a consequence of the shorter workweek.

Brazil's Senate has decisively approved a constitutional amendment that will significantly reshape the nation's labor landscape, reducing the standard workweek from 44 to 40 hours and guaranteeing workers two paid days off. This legislative action, upon formal promulgation and phased implementation, will effectively abolish the long-standing "6x1" work schedule, which mandated six days of work followed by a single day of rest. The vote, which saw an overwhelming 75 senators in favor and only one against, represents a major political achievement for President Luiz Inácio Lula da Silva, coming just eleven days before a crucial presidential runoff election.

The amendment's passage did not require presidential assent because the Senate adopted the identical text previously approved by the lower house in May. It now proceeds to Congress for formal promulgation, marking a pivotal moment for Brazilian workers. Senate President Davi Alcolumbre underscored the profound impact of this change, noting that while it might appear subtle at first glance, it holds immense significance for daily commuters and working families, offering "more time for family." The political implications were evident, with senators and supporters celebrating on the Senate floor, chanting "Olê, olê, olê, olá, Lula, Lula" after the vote.

This landmark constitutional change is the first reduction in Brazil's standard workweek since 1988, when the Constitution lowered it from 48 to 44 hours. The new law introduces a phased implementation schedule. Within 60 days of the amendment's formal promulgation, workers will become entitled to two paid days off per week, with the maximum workweek simultaneously decreasing from 44 to 42 hours. Approximately one year after this initial phase, the workweek will further reduce to its final 40-hour limit.

A key provision of the amendment stipulates that employers are prohibited from reducing salaries as a consequence of the shorter workweek. While two paid days off are mandated, with one preferably falling on Sunday, the specific arrangement of these weekly rest days can be determined through collective bargaining agreements. This flexibility, however, has drawn scrutiny from legal experts regarding its potential impact on the reform's overall strength.

The journey to this legislative milestone began with a 2019 proposal from Congressman Reginaldo Lopes, a member of President Lula's Workers' Party, which initially sought an even more ambitious reduction to 36 hours over a decade. Public momentum for workweek reform significantly grew in 2023, fueled by the "Life Beyond Work" movement. This movement gained widespread attention, partly due to Rick Azevedo, then a pharmacy clerk and now an elected member of Brazil's lower house, whose viral TikTok video vividly described the hardships of the 6x1 schedule, labeling it "modern slavery."

Despite the broad support, including a last-minute reversal from Senator Flávio Bolsonaro, who had previously dismissed the vote as an "electoral maneuver" but ultimately voted in favor remotely, concerns persist. Renata Queiroz Dutra, a labor law professor at the University of Brasília, highlighted that the reform's impact might be limited for a substantial portion of the workforce. She pointed out that approximately 38% of Brazilian workers operate in the informal sector, meaning they lack the formal labor protections that regulate working hours and weekly rest. Dutra emphasized the critical need to consider how to extend protections to these informal workers, suggesting that the collective bargaining provision for rest days could potentially dilute the reform's intended benefits.

Lawyers and compliance officers in Brazil must prepare for the phased implementation of a reduced workweek (from 44 to 40 hours) and mandatory two paid days off, updating employment contracts and collective bargaining agreements to ensure compliance with the new constitutional amendment and avoid salary reductions. Special attention should be paid to the role of collective bargaining in regulating rest days and the implications for informal workers.

Source: Original reporting via Courthouse News