The reduction of the working day defended by Proposed Amendment to the Constitution (PEC) that ends the 6 × 1 scale has legal viability, but should be accompanied by cutting salaries, or there will be a risk of raising labor costs.
This is the opinion of labor lawyers heard by CNN alluding to last year and returning to the debate this May 1st, Labor Day.
The idea of PEC is to reduce the journey to eight hours a day and 36 hours per week, equivalent to four days of work and three off a week.
For MBW Advocacy Labor Law and Partner Law, Catharine Machado, the proposal may result in increased costs if there is no balance between the reduction of journey and payment.
“Reducing weekly journey without proportional salary reduction can significantly increase labor costs, requiring additional hiring to maintain production level or services,” he says.
The expert still draws attention to the high load of labor taxes in Brazil, and like one.
“In a country with one of the highest tax leaf -leaf tax charges, the measure can be unfeasible for most companies, especially small and medium sized.”
Conventions and Changes
. Current legislation allows the journey to have up to eight hours per day and 44 hours per week, or six days of work and one day off a week.
PEC will require adjustments to collective agreements, employment contracts and devices of the Consolidation of Labor Laws (CLT).
Alternative journey models already consolidated, such as 12 × 36, can also be impacted, requiring specific regulation.
André Blotta Laza, partner of the labor area of the Machado Associados office, points out that PEC 8/25 has legal viability, as it directly alters the text of the Federal Constitution.
However, the proposal may present other 6 × 1 scale forms.
“The text of PEC brings a change in article 7 of the Federal Constitution to reduce the weekly working module of employees, ie, reduce from 44 hours per week to 36 hours,” he explains.
“In theory, it would still be possible for a employer to determine that an employee works on a 6 × 1 journey, respecting the 36 -hour module, so could have a week, for example, when the employee would work 6 days of 6 hours.”
PEC evaluation
. Already 65% see the end of the work regime as a factor to increase job offer in the country.
54% of respondents assess that the 6 × 1 scale negatively affects employees’ mental health. The survey also pointed out that 91%, or 147 million, have some knowledge about the current discussion about the end of the scale.
The research considered 1,461 people through self -comprehension digital interviews across the country with people over 18. The data collection period took place between December 2 and 4, 2024, and the margin of error is 2.5 percentage points.
Next Steps
To begin to process, PEC needs an order from the mayor, Hugo Motta (Republicans-PB), which should forward the text for analysis of the Constitution and Justice Commission (CCJ) From the house.
After passing the CCJ, the text will still need to be analyzed by a special committee before being voted in two shifts by the plenary. Then the text goes to the Senate and finally needs the presidential sanction.
The proposal, filed in February, has the adhesion of 226 deputies. Most signatures are from PT and PSOL deputies, but the text also has the support of congressmen from Republicans, União, MDB and PL. For the text to be filed, 171 signatures were required.
The deputy Petrone (PSOL-RJ), leader of the party bench in Chamber of Deputiesstates that it will maintain the agenda under discussion in the National Congress.
“We will play a lot of weight on this agenda. Passing the installation of the Special Commission of IR, no doubt this will be the priority in dialogue with the government and the president of the house. Ensuring a decent journey to the workers who make Brazil rotate is urgent, is a commitment of our PSOL-Rede Federation,” he concludes.
