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If the National Congress approves the PEC to end the 6×1 scale, workers could have their weekly working hours reduced as early as 2026. The proposal establishes a gradual, staggered transition.
The opinion of the rapporteur of the PEC (Proposed Amendment to the Constitution), deputy Leo Prates (Republicanos-BA), foresees the beginning of the reduction in working hours 60 days after the text is promulgated, that is, sanctioned by President Luiz Inácio Lula da Silva (PT). For this, the PEC needs to be approved by the Chamber and the Senate.
Therefore, the working hours limit will drop to 42 hours per week after 60 days of the promulgation of the new constitutional amendment, with paid rest of two days per week. Twelve months after this stage, the limit will be definitively set at 40 hours per week.
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- working hours: will be limited to eight hours a day and 40 hours a week, with two paid weekly breaks, one of which is preferably on Sundays;
- gradual implementation: the total transition period is 14 months, divided into two stages. After the PEC is enacted, contractors will have two months (60 days) to reduce their working hours from 44 to 42 hours. This is also the date on which the mandatory two days of rest come into effect, one of which is preferably on Sundays (5×2 scale); salary;
- transition adjustments: conventions and collective agreements may adjust scales and compensatory regimes, as long as the working hours limit and the right to rest are respected.
The proposal does not make it mandatory for the two days off to take place on consecutive days in the same week, making it possible to grant them on non-consecutive days.
Toque agora.
In addition, the report maintains the possibility of flexible organization of working hours by sectors, such as commerce and essential services, including rules on compensation of hours, time banks and special working hours, such as the 12×36 scale.
The report establishes that collective agreements may increase working hours to more than 8 hours per day, for a transition period of 12 months. The measure would be to respect the ceiling of 42 hours per week at this time.
The text also establishes that workers with salaries above R$21,100 will not have a limit on working hours and time control. The proposal considers it more appropriate to "grant greater freedom" to workers with higher education and high salaries.
Among the rights that remain reserved are:
- 13th salary;
- Holidays with an additional one third;
- FGTS (Service Time Guarantee Fund);
- Minimum salary set by law (currently at R$ 1,621);
- Maternity and paternity leave;
- Prior notice proportional to length of service, with a minimum of 30 days;
- Additional overtime (at least 50% of the regular hourly rate);
- Paid weekly rest;
- Additional remuneration for painful, unhealthy and dangerous activities;
- Insurance for occupational accidents, paid for by the employer.
Source: CNN
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