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Leo Prates, a Brazilian deputy, presents his proposal to change how work time is organized. The PEC aims to end the long current work pattern for higher educated workers earning above a set threshold and to adopt a standard weekly schedule. It promises no pay cuts as the week shortens. The changes would come in stages over a future timeline and would not affect those already below the standard hours. The plan focuses on protecting lower earners and allows employer flexibility if a collective agreement permits it. The article will explain what these shifts mean for workers, businesses, and the path through Congress.
- High-earning workers with a college degree would not have standard work hours or time clock rules.
- The weekly hours would drop from forty‑four to forty within a year, with no pay cut.
- The change would be phased in over the next years and would not apply to workers already on forty hours or less.
- Employers or collective agreements could modify or opt out of these rules.
- There is a sixty day window after Congress passes the amendment for the rules to take effect.
40-Hour Workweek Proposal Advances for High-Earning Workers
A Brazilian special committee has advanced a constitutional amendment that would replace the current 44-hour workweek and the 6×1 shift with a 40-hour workweek for most workers, but with conditions. The proposal would remove the requirement for timekeeping and monitoring for employees who earn above R$ 21,188 a year, a level about 2.5 times the INSS ceiling of R$ 8,475.55. The plan keeps salaries unchanged, and adjustments could be made by employers or through collective agreements.
Key Provisions
The amendment envisions a one-year transition to a 40-hour workweek without salary cuts for those affected. It sets a staged path: a two-hour reduction in 2026 and another two hours in 2027. After the laws are enacted, there would be a 60-day period before the rules take effect. Those who currently work fewer than 40 hours weekly would not see an automatic reduction.
Affected Group and Threshold
Rules on work duration and timekeeping would apply to workers who hold a higher education degree and earn above the specified threshold of R$ 21,188. The figure is anchored to the INSS ceiling and may be adjusted by employer discretion or through a collective agreement. The amendment notes that flexibility could come from bargaining or company policies.
Implementation Timeline
The proposal outlines a progressive rollout over three stages: a full move to 40 hours within one year, with explicit reductions planned for 2026 and 2027. Enforcement would begin only after a formal promulgation by Congress, and there is a defined 60-day window before the new regime becomes effective.
Rationale and Context
Officials say the aim is to focus regulatory attention on workers with lower incomes and to reduce state involvement in more unequal labor relations. The measure would address those in the current 6×1 system who are described as financially vulnerable, often women, though officials indicate the scale of impact would vary depending on the sector and bargaining outcomes.
Conclusion
The proposed constitutional amendment to replace the current 44‑hour workweek with a 40-hour workweek signals a deliberate rebalancing of Brazil’s labor framework. It seeks to protect lower earners while offering employer flexibility through collective agreements and discretion, and it promises no immediate pay cuts as hours are reduced in a staged, year‑long transition. The plan would apply to those with a higher education degree earning above the threshold, and would not automatically alter the hours of workers already below 40, creating a phased path to change. The timeline includes a 60‑day window after promulgation and two further hour reductions in 2026 and 2027. Its success will depend on how Congress approves the amendment, how the transition is managed, and how employers implement changes through bargaining. If enacted, this reform could modernize work time and reduce state involvement in unequal labor relations, but its real‑world impact will hinge on clear rules, enforceability, and the degree of collective bargaining across sectors.
Frequently asked questions
- Who qualifies for no limit on work hours under this proposal? Workers with a college degree earning above about R$ 21,188 a month would not have a fixed work-hour limit or time-clock rules (the threshold is 2.5x the INSS ceiling, R$ 8,475.55).
- Does this mean high earners can work unlimited hours? They won’t be bound by the standard hour cap or the time clock. But their pay and rights stay the same, and hours can still be set by the employer or by agreements.
- When will the 40-hour workweek be phased in? The plan cuts 44 to 40 hours over a year. There will be 60 days to start. In 2026 and 2027, two more hours are cut. People already working under 40 won’t have automatic reductions.
- Is this rule just for high earners or everyone? It targets high earners. Other workers are affected as the 40-hour week is rolled out more slowly, with focus on those with lower incomes.
- Can employers change these rules? Yes. Employers can use their judgment or rely on collective agreements to shape the rules.