End of the 6×1 scale approved by the Chamber: When does the new model come into effect?

The PEC that establishes the end of the 6×1 scale and the reduction of working hours to 40 hours per week was approved, in two shifts, by the Chamber of Deputies last Wednesday (27).

The vote had 472 deputies in favor of the measure in the first round and 461 in the second. However, the text still needs to be analyzed by the Senate and be promulgated by the National Congress to take effect.

The president of the Senate, Davi Alcolumbre (União-AP), has signaled that he should not make voting difficult. However, it also faces pressure from businesspeople to delay consideration of the proposal.

In addition, 36 opposition senators filed, in the early hours of this Thursday (28), an alternative PEC to the text approved hours earlier by the Chamber of Deputies.

However, the already approved PEC will pass through the Senate; If there are changes to the text, the proposal will return to the Chamber of Deputies, which will be able to accept or reject the changes. If this happens, there will be a delay in the final approval and, consequently, in the entry into force of the measure.

The transition to the end of the 6×1 scale will only begin after the approval of the proposal by both Houses and its promulgation by the National Congress, a process that does not yet have a defined date.

After this stage, implementation will occur in two phases. The first will begin 60 days after the text's promulgation, guaranteeing two days of paid rest per week and reducing working hours from 44 to 42 hours per week.

After 14 months, the working hours will be reduced from 42 to 40 hours per week, maintaining the 5×2 scale, with one of the days off being, preferably, on Sundays. Furthermore, there will be no salary reduction.

The PEC, reported by congressman Leo Prates (Republicans), brought together two proposals that were being processed together, one from 2019, by congressman Reginaldo Lopes (PT-MG), and another presented last year by congresswoman Erika Hilton (PSOL-SP).

Who is possibly left out
Even if the PEC is approved and promulgated, some categories may be left out of the new rules. On Monday (25), Leo Prates included a substitute providing that workers with remuneration above R$ 21,100 per month will not be obliged to follow the new working hours.

According to Prates, highly qualified workers with a higher level of training require less protection from employers. Therefore, the substitute proposes that employees with this salary range are exempt from the working hours limit rules and day-to-day time control.

The PEC also provides conditions and hypotheses for differentiated regimes through ordinary laws, as long as the established minimum parameters and the possibility of uninterrupted six-hour rotation shifts are respected.

End of the 6x1 scale: First impact will be price increases, says CNI

In 12×36 scale regimes and in essential activities, collective work conventions or agreements may provide for compensation mechanisms to ensure, on average, two days of paid weekly rest within the calendar month.

Days off may also be accumulated for use at another time of the month, as long as at least one day of rest is guaranteed after a working week.

The approved text also provides that a complementary law will define transitional rules to reduce the impact of changes on MEIs (individual microentrepreneurs), microenterprises and small businesses.

The proposal also establishes that the rule regarding paid rest will not be applied to public employees of the Union, states, Federal District and municipalities. The Labor Court will be responsible for processing and judging actions related to this rule.

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Source: CNN