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Gradual Changes to the Workday, New Rules for Weekends, and Alternatives to Tax Relief Comprise a Report That Reaches Congress with Negotiations Underway.
The final report from Deputy Luiz Gastão (PSD-CE), rapporteur of the subcommittee on work hours in the Chamber of Deputies, proposes the gradual reduction of the maximum weekly work hours from 44 to 40 hours, without salary cuts, and establishes new rules for working on weekends.
This document also creates possibilities for tax relief for companies with high personnel costs and maintains a 6×1 work schedule, with specific changes for Saturdays and Sundays.
The set of measures is distributed among a constitutional amendment (PEC) and a bill. The report was submitted to the Special Subcommittee on the 6×1 Work Schedule, linked to the Labor Commission of the Chamber.
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The voting has not yet occurred due to a collective request for a review, and new rounds of discussion are expected to take place before the subject progresses.
Debate on Work Hours in Congress
The subcommittee was chaired by Deputy Erika Hilton (PSOL-SP), author of the PEC that proposed a maximum workday of 8 hours per day and 36 hours per week, without salary reductions.
The proposal aimed to bring the country closer to models adopted in other nations that operate with shorter work hours.
In the report, Luiz Gastão rejected the immediate change to 36 hours and argued that a direct reduction could lead to “adverse economic consequences, such as decreased production, reduced productivity, and higher unemployment.”
According to the rapporteur, the impact would be more significant on micro and small businesses.
Gradual Reduction to 40 Weekly Hours
The alternative presented anticipates a three-stage transition: 42 weekly hours in the first year, 41 in the second, and 40 hours in the third.
The measure does not alter salaries.
According to Gastão, the scaling “aligns with the guidelines of the International Labor Organization (ILO)” and would facilitate companies’ adaptation.
Specialists consulted by the subcommittee stated that a gradual reduction tends to lessen abrupt impacts on productive organization.
While maintaining the 6×1 work schedule, the text modifies the rules for weekends and establishes economic incentives considered by subcommittee members as tools to stimulate work schedule reorganizations in the medium term.
Rules for Saturdays and Sundays
The report defines that the work schedule on weekends should be limited to 6 daily hours.
Excess hours should receive a 100% additional.
The rapporteur justifies that the measure aims to reinforce minimum rest periods and meet international worker protection standards.
Experts consulted by the subcommittee emphasized that specific limits for weekends could help prevent excessive accumulation of worked hours.
Tax Relief for Companies with High Personnel Costs
For companies where the payroll represents a high proportion of revenue, the text suggests tax relief mechanisms.
Among the alternative options discussed are reductions in payroll charges and the possibility of compensation through income tax, still pending legislative detailing.
The report states that the proposal aims to distribute the economic effects resulting from the reduction of work hours.
Representatives from the productive sector who participated in the hearings argued that any compensatory measures are necessary to absorb the costs associated with the changes.
Contractual Flexibility and Individual Agreements
The report also addresses the expansion of direct negotiation between employees and employers, including hourly pay.
Gastão points out that similar instruments already exist in the CLT, such as intermittent work, and that the proposal simply reinforces the possibility of individual adjustments within the legal limits.
Experts following the discussions stated that more flexible models could assist in organizing work schedules according to demand.
Meanwhile, labor unions expressed concern about preserving minimum guarantees in individual agreements.
PEC and Bill Derived from the Subcommittee
The report presents two draft projects.
The PEC revises constitutional points related to the maximum workday and the organization of work schedules.
The bill amends provisions of the CLT to regulate the new working hours, the rules for weekend work, and economic compensation measures.
The texts were constructed over the course of public hearings held by the subcommittee, which addressed topics such as worker health, productivity, fiscal impacts, and international experiences.
Political Reaction and Next Steps for the Proposal
The presentation of the report intensified the debate among parliamentarians, labor unions, and representatives of the productive sector.
Groups advocating for a broader change assess that maintaining the 6×1 work schedule does not meet the proposal to adopt the 5×2 model with two consecutive days off.
Other parliamentarians and experts following the negotiation claim that the report incorporates gradual changes and relevant salary adjustments for the functioning of sectors that rely on continuous operation.
Deputy Luiz Carlos Motta (PL-SP), a member of the subcommittee, stated to the Painel da Folha that the text gathers advances in the discussion on work hour reduction and is likely to bring benefits to workers.
With the voting postponed, new discussions should seek to bridge the demands of unions, the government, and the business sector.
With different positions still under debate, what direction should the discussion on work hours take in the next stage of the legislative process?
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