Oct 17, 2026 · 2 min read · Labour and Employment Law
The end of Brazil's 6x1 schedule (six days of work for one day off) is no longer a bill. Constitutional Amendment 141/2026 was enacted on 16 October 2026 and reduces working hours in two stages, with no reduction in pay. For companies, the question is now practical: what needs to be reviewed, and in what order.
What changes and when
- 60 days after the amendment is published (mid-December 2026): a maximum 5x2 schedule and up to 42 hours a week.
- 12 months later: up to 40 hours a week.
- Two paid weekly rest days, one of them preferably on Sunday.
- Up to 8 hours a day, with no pay cut.
- Schedules other than 5x2 depend on collective bargaining, and some sectors still await regulation.
Because the first stage coincides with year-end rosters, retail, services and continuous operations will feel it first.
1. Map actual working hours
Working hours are not just what the contract says. There are four layers: the contract, the collective agreement, the time records and day-to-day reality, including messages after hours and meetings before the shift. When all four tell the same story, the company is consistent. When they do not, the gap that often sits at the heart of labour claims appears.
2. Run the numbers
Going from 44 to 42 hours means two fewer hours per person every week. Reorganising rosters, hiring or paying overtime have different costs. The hourly rate also changes: the same salary over fewer hours alters overtime and payroll calculations.
3. Redesign the schedule
The benchmark becomes 5x2, with two days off a week. Sunday work requires an organised rotation: "preferably" does not mean "always", but it does require planning.
4. Review the hour bank
An hour bank kept in a spreadsheet is not an organised hour bank. Before the change, answer five questions:
- Which instrument authorises it: individual agreement, collective agreement or sector agreement?
- What is the deadline to offset the hours?
- Do the time records match the spreadsheet?
- Can employees see their own balance?
- What happens to the balance on termination?
5. Talk to the union and formalise
A schedule other than 5x2 requires a collective agreement, and negotiation takes time. Then formalise it: rosters, time records and documents updated with the team. Client contracts priced by the hour may also need adjusting.
6. Plan for 40 hours now
In a year, hours fall again. Building rosters only for 42 hours means redoing everything shortly afterwards. The starting point is simple: how many people in your company work more than 40 hours a week today?
Each company has its own sector, collective agreement and routine. Any review should start from an analysis of the specific case.
Informational content only. It does not constitute legal advice or a legal opinion.