The debate on the Proposed Amendment to the Constitution (PEC) that ends the 6×1 work schedule (six days of work for one day of rest) reached the headquarters of the Federation of Industries of the State of São Paulo (Fiesp), on Avenida Paulista.
This Wednesday (13), in an official note, the entity indicated that it was against the approval of the project and stated that any change in working hours must be agreed through collective agreements between employers and employees.
The PEC, authored by the federal deputy Erika Hilton (PSOL-SP)foresees the end of the 6×1 scale and makes room for the establishment of a 4×3 journey (with four days of work and three days of rest). The text proposes reducing the limit on the number of hours worked during the week, from the current 44 to 36.
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. For processing to begin, the text needed at least 171 supports.
“The Brazilian Constitution, in its article 7, establishes that normal working hours must not exceed 44 hours per week. Nothing prevents the parties from reaching different journeys through negotiation. Data from the Brazilian Institute of Geography and Statistics (IBGE) indicate that, in practical terms, in the second quarter of this year, Brazilians worked an average of 39.2 hours per week”, says the Fiesp statement.
“Fiesp argues that the appropriate way to establish a working day of less than 44 hours per week are collective agreements signed between employers and employees, as provided for in the Constitution”, states the industrial entity.
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According to Fiesp, “only direct negotiation is capable of covering the specificities of each sector, considering factors such as the local context, company size and worker demand, and guaranteeing the economic sustainability of the productive segments”. “Therefore, we must seek to strengthen collective negotiations”, states the entity.
Fiesp’s position is similar to that defended by the Ministry of Labor and Employment, which also expressed itself in a note last Monday (11). .
“The MTE believes that this issue should be addressed in conventions and collective agreements between companies and employees. However, the department considers that reducing the 40-hour working week is fully possible and healthy, given a collective decision”, says the statement released by the ministry.
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“The Ministry of Labor and Employment has been closely following the debate on the end of the 6×1 work schedule. This is a topic that requires the involvement of all sectors in an in-depth and detailed discussion, taking into account the specific needs of each area, as there are sectors of the economy that operate uninterruptedly”, the note continues.
Processing
As it is a constitutional amendment, the votes of ⅗ of the deputies and senators are required, in two rounds of voting in each House of Congress, for the PEC to be approved. In the Chamber, this represents 308 deputies; in the Senate, 49 senators.
Before reaching the plenary, the PEC needs to go through a long process in the Legislature. The text has its constitutionality analyzed by the Constitution and Justice Commission (CCJ) and is then forwarded to a special commission.
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Despite the possibility of the text beginning to be processed in Congress, the chances of approval of the PEC, at least at this moment, are low.
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