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Constitutional Amendment No. 141/2026: End of the 6x1 Work Schedule, Reduction of the Weekly Workload, and Two Days of Paid Rest
Constitutional Amendment No. 141/2026—originating from Proposed Constitutional Amendment (PEC) 221/2019—was published in the Official Gazette of the Federal Government on October 16, 2026. The amendment modifies Article 7 of the Federal Constitution and introduces significant changes to the framework governing work hours and paid weekly rest in Brazil.
Key Changes
The amendment guarantees all employees two days of paid weekly rest—with one of these days preferably falling on a Sunday—and reduces the maximum weekly workweek from 44 to 40 hours, without any reduction in pay. The eight-hour daily limit remains in place.
The reduction will occur in two stages:
- starting December 16, 2026, the maximum weekly working hours will be 42;
- starting December 16, 2027, the limit will be 40 hours.
Collective bargaining
During the transition, collective bargaining agreements and conventions may extend the daily working hours to accommodate a 42-hour workweek over five working days. Compensatory time-off arrangements will be subject to collective bargaining and must ensure an average of two days of rest per month, with at least one day of rest per week.
Provisions in collective bargaining agreements that are incompatible with the new regime will cease to be effective two months after the amendment is published. Existing agreements must be reviewed, particularly regarding working hours, shift schedules, compensatory time, and “time banks” (accumulated overtime hours).
Impacts on companies
The effect extends beyond the reorganization of shift schedules. Reducing working hours without a corresponding reduction in pay increases the hourly wage rate, which in turn raises the costs of overtime and night-shift premiums. The addition of a second rest day also affects the calculation of paid weekly rest for employees who earn commissions or other variable forms of compensation.
Companies that involve weekend work, rotating shifts, 12×36 shift patterns, compensatory time systems, variable remuneration, or a high volume of outsourced services require special attention. Several aspects will still require interpretation, such as how the rules apply to special working-hour regimes and the specific method for calculating the hourly wage. Decisions with a significant impact on payroll or compensation should be evaluated with caution before implementation. Recommendations
It is recommended to:
- map out current work schedules and shifts, especially for employees who work more than 40 hours or more than five days per week;
- simulate the impact on payroll and overtime;
- review collective bargaining agreements and contracts with service providers;
- identify necessary adjustments to work schedules, time-tracking systems, and payroll processes.
For operations that require greater flexibility, negotiations with labor unions should be considered from the very beginning of the adaptation process, given the 60-day deadline after which any clauses incompatible with the new legal framework will cease to be effective.
Our labor law practice group remains at your disposal to assist with assessing financial and operational impacts, supporting collective bargaining negotiations, and adjusting contracts, work schedules, and calculation criteria.