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No more 8-hour workdays and no more 1-hour lunches! The new labor law is now in effect and brings impactful changes to all CLTs. The working day and meal breaks have been changed, and it is essential to understand how this can affect your rights. Find out what has changed now!
Law No. 13.467/2017, known as the Labor Reform, implemented significant changes in Consolidation of Labor Laws (CLT), directly affecting the working day and intra-day breaks.
These changes aim to make labor relations more flexible, allowing adaptations according to the needs of employers and employees.
Working hours: flexibility and new modalities
Before the reform, the standard working day was 8 hours, totaling 44 hours per week.
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With the changes, possibilities for flexibility arose, such as the adoption of the 12×36 workday, in which the worker works for 12 hours straight and rests for the subsequent 36 hours.
This modality, previously restricted to specific sectors, is now permitted through an individual written agreement, without the need for union intervention.
Another innovation was the introduction of intermittent work, allowing employees to be called upon as demand dictates, receiving payment only for the hours actually worked.
This modality aims to formalize activities that were previously carried out informally, offering labor rights proportional to the time worked.
Intra-day break: reduction and negotiation
The break during the workday, intended for rest and meals, has also undergone changes.
Previously, for working days longer than 6 hours, a minimum break of 1 hour was mandatory.
With the reform, it became possible to reduce this interval to 30 minutes, as long as there is an agreement or collective agreement authorizing the reduction.
This flexibility aims to meet the specific needs of certain categories or companies, allowing for more efficient management of working time.
However, it is essential that the reduction in the interval is the result of collective bargaining, ensuring that workers' rights are preserved.
Time bank: individualization and deadlines
The reform also brought changes to the time bank.
Previously, its implementation required collective bargaining and the deadline for compensating overtime was 12 months.
With the new rules, the time bank can be established by individual written agreement, as long as compensation occurs within a maximum period of six months.
Furthermore, there is the possibility of a tacit agreement to compensate hours in the same month, offering greater flexibility in the management of working time and meeting the specific demands of each sector.
Overtime: remuneration and limits
Overtime pay remains at 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, as long as constitutional and legal limits are respected.
Teleworking: regulations and responsibilities
Teleworking, or home office, gained prominence with the reform, being regulated to meet the new market dynamics.
In this modality, activities are carried out predominantly outside the employer's premises, using information and communication technologies.
Responsibilities regarding the acquisition, maintenance or supply of necessary equipment must be set out in a written contract.
Holidays: splitting and convenience
The rules for granting vacations have also been changed. Previously, vacations had to be granted in a single period of 30 days.
With the reform, it is possible to divide it into up to three periods, 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 employer and employee, allowing adaptations according to the needs of both.
Union contribution: optionality and impact
The reform made union contributions optional, meaning that deductions from payroll can only occur with prior and express authorization from the worker.
This change significantly impacted union revenue, requiring a restructuring of 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 in a balanced manner, ensuring the protection of workers' rights and the sustainability of companies.
It is essential 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 short, the 2017 Labor Reform brought significant changes to the CLT, directly impacting working hours and intra-shift breaks.
These changes in the law reflect the need to adapt to new market realities, seeking a balance between flexibility and protection in labor relations.
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