Brazil’s constitution now guarantees workers two paid days off each week, starting in two months. Congress promulgated the amendment on Oct. 16, replacing the six-day workweek with five days on and two days off, and it bars any pay cut. About 14.9 million workers are on the old schedule, the Ministry of Labor and Employment says, Agência Senado reported.
At a glance
- Amendment: Constitutional Amendment 141 sets a maximum week of 40 hours and two paid rest days, one preferably on Sunday, according to the amendment text.
- Pay: The text forbids any pay cut tied to the shorter week, including for wage floors.
- Timeline: The first stage starts two months after publication, with a 42-hour week. The 40-hour week arrives one year after that.
How the six-day workweek came to an end
The Chamber of Deputies approved the proposal on May 27, by 472 to 22 in the first round and 461 to 19 in the second, Alma Preta reported. The Senate approved the same text on Oct. 14, by 75 to 1 in each round, Conjur reported.
The idea began as a 2019 C.E. bill by Rep. Reginaldo Lopes of the Workers’ Party. Courthouse News reported that it gained ground in 2023 C.E. through the Life Beyond Work movement, led by Rick Azevedo.
Senate President Davi Alcolumbre said, “One more day of rest means more time for family.” Courthouse News called it the first constitutional cut to the standard week since 1988 C.E., when it fell from 48 to 44 hours.
What changes for workers
The standard week falls from 44 hours to 40, with a daily limit of eight hours, the amendment text says. Workers get two paid rest days each week.
The change comes in two steps. Two months after publication, the week drops to 42 hours and the two rest days begin, and a year later the limit falls to 40 hours. Agência Brasil reported that would put the first step in December.
Unions can stretch daily hours during the transition to fit the 42-hour week. Any clause in a union agreement that clashes with the new rules loses effect after two months.
Who the six-day workweek change reaches
The Ministry of Labor and Employment counted 44.7 million workers with known hours. About 14.9 million, roughly one-third, work six days a week, and 38.6 million work more than 40 hours, Agência Senado reported.
Some workers fall outside the rules. Employees with a college degree who earn at least 2.5 times the national social security ceiling are excluded, unless their employer or a union agreement opts in. Public employees are also excluded, and schedules already at 40 hours or fewer are not cut.
Informal workers, about 38% of the workforce, lack these protections, labor law professor Renata Queiroz Dutra told Courthouse News.
What remains unresolved
Business groups are wary: the National Confederation of Commerce of Goods, Services and Tourism said a uniform 40-hour limit could hurt jobs and small businesses, Courthouse News reported. Sen. Marcos Pontes warned of higher labor costs for small firms, Conjur reported.
The text lets union agreements average two rest days over a month, with at least one in each week. Dutra said such flexibility could weaken the reform. A future law may offer relief to small businesses, but only if they keep jobs.
The vote came 11 days before Brazil’s presidential runoff, and ending the old schedule was a main labor pledge of President Lula’s government, Courthouse News reported. Adriana Marcolino of Dieese, a labor research institute, said, “There is no documented case of shorter working hours leading to higher unemployment.”
What comes next
Companies now have a fixed timeline to adapt. Public contracts that cover direct labor have one year to adjust their terms, the text says.
Sen. Vanderlan Cardoso said he already ended the six-day schedule in his own companies and that it raised labor supply and productivity, Conjur reported.
Read more
For more on this story, see: Constitutional Amendment 141 (Brazilian government) and Courthouse News
For more from Good News for Humankind, see:
- Amalgamated Clothing Workers of America wins the five-day workweek for U.S. garment workers
- Four-day week cut burnout without cutting output, Australian study finds
- The Good News for Humankind archive on economic justice
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