40-hour day: How does this change the worker's routine? Understand

The Chamber of Deputies approved, in two rounds, the PEC (proposed Amendment to the Constitution) that establishes the end of the 6×1 scale. With this, the text goes to the Federal Senate for analysis.

The proposal foresees the beginning of the reduction in working hours 60 days after the text is promulgated, that is, after the sanction of President Luiz Inácio Lula da Silva (PT). The full transition will take 14 months.

If the PEC is approved by the National Congress, 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.

- after 60 days: 5 days work schedule with 2 days off;
- after 60 days: reduction of working hours from 44 hours to 42 hours per week;
- after 14 months: working hours from 42 hours to 40 hours per week, maintaining the 5×2 scale.

According to the president of the Chamber of Deputies, Hugo Motta (Republicanos-PB), reducing working hours will improve workers' health. For the congressman, the change does not mean a worsening in productivity.

"We need to recognize a reality: Brazil is among the countries with the highest working hours in the world. At the same time, it has been living with stagnant productivity for decades. This shows that productivity cannot continue to be measured only by the number of hours worked. Workers who are more rested produce more. Healthier work environments reduce absences, absences and turnover", he said after approving the text.

President Lula classified the progress of the text as a "historical and civilizing achievement". After the PEC was approved by the deputies, the head of the Executive stated that the government will work "intensely" for the Senate to approve the text.

"More than hours on the clock, we are giving back to workers the right to spend time with their families. To rest. To life beyond work. The two weekly days off mean more time to study, have fun, take care of your health and watch your children grow," said Lula.

See the main points of the PEC:

- 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 force, one of which is preferably on Sundays (5×2 scale); Salaries: there will be no salary reduction. Salary maintenance will be applied including to salary floors;
- 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.

Therefore, two months after the publication of the constitutional amendment, the clauses in conventions and collective agreements on working hours and paid weekly rest that are incompatible with the new level will lose validity.

Differentiated regimes
Despite establishing a limit of 40 hours per week and two days of rest, the PEC provides conditions and hypotheses for differentiated regimes based on ordinary laws, as long as the minimum parameters and the possibility of uninterrupted six-hour rotation shifts are respected.

For cases such as the 12×36 scale and essential health, safety, transport and urban cleaning activities, collective labor conventions or agreements may, exceptionally, provide for a compensation regime with the objective of ensuring, on average, two days of paid weekly rest within the calendar month.

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

The approved text also has a provision to refer to a complementary law the definition of transitional rules to reduce the impact of the change on MEIs (individual microentrepreneurs), microenterprises and small businesses.

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.

In addition, the proposal establishes that the new norm of paid rest of two days per week will not be applied to public employees in the direct and indirect administration of any of the powers of the Union, the states, the Federal District and the municipalities. The Labor Court must process and judge actions related to this rule.

Source: CNN