Proposal by congresswoman Erika Hilton (Psol-SP) proposes that employees work 4 days and take 3 days off
The PEC (Proposed Amendment to the Constitution) which proposes a 6 X 1 working day, that is, 6 days of work for 1 day of rest, has already reached 227 signatures from federal deputies. The minimum required for the project to be filed with the Chamber of Deputies is 171.
Currently, the Federal Constitution establishes a journey of 8 hours a daywith a total weekly load of 44 hours. The project, headed by the deputy (Psol-SP), aims to reduce this journey to 36 hours weekly. Here is it (PDF – 175 kB).
The idea for the proposal arose from the demand of the VAT (Life Beyond Work) movement, a popular movement founded by the Rio councilor (Psol-RJ).
- What do you need for the PEC to be approved?
As it is a PEC (Proposed amendment to the Constitution), 171 signatures from deputies are needed to begin processing. It is then forwarded to the CCJ (Constitution and Justice Commission). If the deputies reach an agreement, the text goes to a special committee, where the merits of the proposal are analyzed.
It then goes to the Chamber plenary. At least 308 favorable votes are required in 2 rounds of voting. After all the processing in the Lower House, the text then goes to the Senate, where it needs 49 senators in favor, also in 2 rounds.
The text establishes that working hours cannot exceed 36 hours per week and 8 hours per day. It also defines that the employee works 4 days and takes 3 days off.
The deputy’s text maintains the section of the Constitution that allows “compensation of schedules and reduction of working hours, through collective bargaining agreement or convention”.
IMPACT ON ESSENTIAL SECTORS
In an interview with Poder360labor lawyer Giovanni Cesar argues that, initially, reducing working hours would allow workers to have more free time to dedicate to studies and leisure.
However, for Cesar, even though the text is negotiated between parts of the sectors of the economy that may be impacted by the PEC, such as the hotel, surveillance, services and concierge sectors.
“The sector would need to readjust, and the problem is that this readjustment increases the cost, that is, the end consumer would pay more. This readjustment implies the precariousness of the worker, because the entrepreneur will need to hire a worker as a PJ (Legal Person), or hire one without a labor registration to try to escape the Constitution’s journey”, it says.
The lawyer classifies the proposal as a discussion “extremely necessary”, and compares Brazil’s labor regime with those of other countries. “Most developed and industrialized countries have shorter working hours than ours. Argentina itself has a shorter journey. So, this discussion is really necessary at this time.”he declares.
Giovanni also states that, legally, the minimum wage, currently established at R$1,412.00, cannot be reduced in proportion to the 36 hours per week worked.
