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No More 8-Hour Workdays and Goodbye 1-Hour Lunch Break! The New Labor Law Is Now in Effect and Brings Significant Changes for All CLT Workers. The Workday and Meal Break Intervals Have Been Altered, and It Is Essential to Understand How This May Affect Your Rights. Find Out Now What Has Changed!
Law No. 13,467/2017, known as the Labor Reform, implemented significant changes to the Consolidation of Labor Laws (CLT), directly affecting work hours and meal break intervals.
These changes aim to flexibilize labor relations, allowing adaptations according to the needs of employers and employees.
Work Hours: Flexibility and New Modalities
Before the reform, the standard workday was 8 hours per day, totaling 44 hours per week.
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With the changes, possibilities for flexibility have emerged, such as the adoption of a 12×36 schedule, where the worker works for 12 consecutive hours and rests for the subsequent 36 hours.
This modality, previously restricted to specific sectors, is now allowed through a written individual agreement, without the need for union intervention.
Another innovation was the introduction of intermittent work, allowing employees to be called in according to demand, being paid only for the actual hours worked.
This modality aims to formalize activities that were previously conducted informally, offering labor rights proportional to the time worked.
Meal Break Interval: Reduction and Negotiation
The meal break interval, intended for rest and meals, also underwent changes.
Previously, for workdays exceeding 6 hours, a minimum break of 1 hour was mandatory.
With the reform, it became possible to reduce this interval to 30 minutes, provided there is an agreement or collective convention authorizing the reduction.
This flexibility aims to meet the specific needs of certain categories or companies, allowing for more efficient management of work time.
However, it is essential that the reduction of the interval results from collective negotiation, ensuring that workers’ rights are preserved.
Time Bank: Individualization and Deadlines
The reform also brought changes to the time bank.
Before, its implementation required collective negotiation, and the deadline for compensating overtime was 12 months.
With the new rules, the time bank can be established through a written individual agreement, provided that compensation occurs within a maximum period of six months.
In addition, there is the possibility of tacit agreement for compensating hours within the same month, offering greater flexibility in managing work time and meeting the specific demands of each sector.
Overtime: Compensation and Limits
The compensation for overtime remains with a minimum increase of 50% over the normal hourly rate.
However, the reform reinforced the possibility of negotiation between employer and employee, allowing adjustments according to the needs of both parties, provided that constitutional and legal limits are respected.
Telework: Regulation and Responsibilities
Telework, or home office, gained prominence with the reform, being regulated to meet the new market dynamics.
In this modality, activities are predominantly carried out outside the employer’s premises, using information and communication technologies.
The responsibilities regarding the acquisition, maintenance, or provision of necessary equipment must be outlined in a written contract.
Vacation: Fragmentation and Convenience
The rules for granting vacation have also changed. Previously, vacation had to be granted in a single 30-day period.
With the reform, fragmentation into up to three periods is allowed, as long as one of them is not less than 14 consecutive days and the others are not less than 5 consecutive days each.
This change aims to provide greater convenience for both the employer and the employee, allowing adaptations according to the needs of both parties.
Union Contribution: Optional and Impact
The reform made union contribution optional, meaning that salary deductions can only occur with the prior and express authorization of the worker.
This change significantly impacted the revenue of unions, requiring a restructuring in the way these entities operate.
For experts, the changes introduced by Law No. 13,467/2017 aim to modernize labor relations in Brazil, offering greater flexibility and autonomy for employers and employees.
However, it is essential that negotiations are conducted fairly, ensuring the protection of workers’ rights and the sustainability of companies.
It is imperative that both parties are well-informed about the changes and seek appropriate guidance for implementing the new rules, ensuring a harmonious and productive work environment.
In summary, the Labor Reform of 2017 brought significant changes to the CLT, directly impacting work hours and meal break intervals.
These changes in the law reflect the need to adapt to the new market realities, seeking a balance between flexibility and protection in labor relations.
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