Proposal will be analyzed by the Chamber plenary until Thursday (May 28); the basic text of the rapporteur’s opinion was approved without changes
The special commission that analyzes the PEC (Proposed Amendment to the Constitution) approved this Wednesday (May 27, 2026) the opinion of the rapporteur, deputy Leo Prates (Republicanos-BA). The proposal reduces weekly working hours to 40 hours by 2027 and establishes two paid days off per week.
The was approved by symbolic vote. Then, deputies asked for the roll call record of votes. The commission now records the position of each congressman.
The PL highlighted the text, which will be analyzed below. The party wants to remove the 14-month transition period to reduce 44 hours to 40 hours. After conclusion in the commission, the PEC sIt will be analyzed by the plenary until Thursday (May 28). Here is the text (PDF – 527 kB).
To calm 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, one of which is preferably on Sundays, comes into force immediately after the initial period of 60 days of enactment, regardless of the hours limit.
COLLECTIVE AGREEMENTS
To serve sectors that operate uninterruptedly and that claim it is technically impossible to stop 2 days a week, such as health and safety, the text gives approval for the hours to be defined via collective agreements.
The proposal allows unions and companies to agree that the 2 days of weekly rest are 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.
