Report by deputy Leo Prates gives “superpowers” to collective agreements and removes those earning more than R$20,000 per month from the weekly ceiling
The rapporteur of the PEC on the 6 The text definitively extinguishes the current work model and establishes the constitutional right to 2 days of rest per week and a maximum working day of 40 hours per week, without salary reduction. Here is the document (PDF – 527 kB).
To calm the productive sector and avoid impacts on inflation and employment, the rapporteur designed a progressive transition mechanism, specific rules for small companies and gave “superpowers” to union negotiations to make work shifts more flexible.
The implementation of 40 hours will not be done immediately. The schedule establishes that, 60 days after publication of the amendment, the maximum permitted working hours will fall from 44 to 42 hours per week.
The 40 hours per week will become valid 14 months after the publication of the proposal. However, the right to 2 days off per week comes into force immediately after the initial 60-day period of enactment, regardless of the hours limit.
COLLECTIVE AGREEMENTS
To serve sectors that operate uninterruptedly and that claimed it was technically impossible to stop 2 days a week, such as hospitals, hotels and security, the text gives approval for the hours to be defined via collective agreements.
The text allows unions and companies to agree that the 2 days of weekly rest will be calculated on average within the calendar month. This means that the employee will be able to work more days in a row in one week and compensate with more days off the next, as long as they have at least one day off within each work week and that the monthly average is two days off per week.
Furthermore, any clauses in old collective agreements and conventions that provide for working hours longer than 40 hours or just 1 day off will automatically lose validity 60 days after publication of the Constitutional Amendment.
WHO IS LEFT OUT?
The new working hours and time control rules will not apply to employees who have a higher education degree and who receive monthly remuneration equal to or greater than two and a half times the INSS ceiling, currently R$21,188.
This rule, however, does not apply to public servants from state-owned companies or direct administration, who will follow reduced working hours even if they meet the salary and education criteria.
MEIs & THIRD PARTIES
With regard to small businesses, the opinion establishes that a subsequent complementary law will create mitigation measures and smoother transitions for Individual Microentrepreneurs, microenterprises and small businesses, linking tax benefits or extra deadlines to the maintenance of jobs.
For companies with labor contracts in force with federal, state or municipal governments, the text guarantees the right to a contractual amendment within 12 months to rebalance the companies’ accounts due to the new cost of working hours. The outsourced worker will start to benefit from the new working hours as soon as the addendum is signed or when the 1-year period ends.
