Brazil Promulgates Constitutional Amendment Ending the 6×1 Work Schedule: What Employers Need to Know About the Transition to a 40-Hour Workweek

On October 16, 2026, the Brazilia National Congress promulgated Constitutional Amendment No. 141/2026 (formerly Constitutional Amendment Proposal No. 221/2019) (“EC 141/2026, which will phase out the traditional 6×1 work schedule (six working days followed by one day off) and gradually reduce the maximum workweek from 44 to 40 hours.

The constitutional amendment introduces significant changes to working hours, weekly rest entitlements, collective bargaining arrangements, and workforce planning.

What Will Change?

EC 141/2026 reduces the maximum weekly working hours from 44 to 40, while retaining the general limit of eight working hours per day.

It also increases the entitlement to paid weekly rest from one to two days, one of which should preferably fall on a Sunday. As a result, the standard work schedule will shift from 6×1 to 5×2 (five working days followed by two days off).

The new rules will apply to existing employment contracts, without any reduction in salaries, including applicable minimum wage rates and collectively agreed wage floors.

Employees who already work 40 hours or less per week will not be required to reduce their working hours proportionally. However, they will also be entitled to two paid weekly rest days, subject to the applicable rules and exceptions.

Exceptions and Special Provisions

EC 141/2026 also introduces specific rules for certain categories of employees and employers.

Highly paid professionals

Employees who hold a university degree and earn a monthly salary equal to or greater than 2.5 times the maximum benefit payable under the General Social Security Regime (equivalent to BRL 21,188.88 in 2026) will generally be exempt from statutory working-hour limits and timekeeping requirements, unless the employer determines otherwise or a collective bargaining agreement provides otherwise.

These employees will nevertheless retain their entitlement to two paid weekly rest days.

This exception will not apply to employees of the direct or indirect public administration. Disputes arising from the application of this provision will fall within the jurisdiction of the Labor Courts.

Micro and small businesses

A supplementary law may introduce transitional measures to mitigate the impact of the new requirements on individual microentrepreneurs, microenterprises, and small businesses, provided they maintain existing employment levels.

Public-sector contracts

For existing contracts entered into by entities of the direct or indirect public administration involving the dedicated allocation of workers—including service contracts, concessions, permits, and public-private partnerships—the reduction in working hours will require contractual adjustments to preserve the contracts’ economic and financial balance.

The relevant amendments must be executed within one year of publication of the constitutional amendment (i.e., as of October 17, 2027).

Employees assigned to these contracts will transition to the new working-hour limits when the contractual amendments take effect or, in any event, at the end of the one-year period, without salary reductions.

Recommended Actions for Employers

Although the main changes will only take effect as of December 17, 2026, employers should begin assessing its potential impact and preparing for the transition now.

We recommend the following initial steps:

1. Review existing working schedules and shift arrangements. Identify employees and operations currently subject to 6×1 schedules, as well as activities requiring continuous coverage, weekend work, or rotating shifts.
2. Assess collective bargaining agreements. Review existing provisions on working hours, weekly rest, overtime, and compensatory arrangements. Particular attention should be given to agreements approaching renewal during the transition period and to potential union demands for renegotiation.
3. Evaluate financial and operational impacts. Estimate potential increases in labor costs resulting from additional hiring, overtime, and shift restructuring, taking into account the requirement to maintain existing salary levels.
4. Plan workforce adjustments. Consider whether staffing levels, operational processes, timekeeping systems, and workforce management policies will need to be revised to accommodate the new requirements.

Key Issues to Monitor

Several aspects of the new framework will depend on further legislation, particularly the regulation of special working-time arrangements and transitional measures for smaller businesses.

In addition, Constitutional Amendment Proposal No. 12/2026 is currently under consideration in Congress. It contemplates a more flexible hourly-pay model under which employees would be compensated according to the hours actually worked.

Although separate from EC 141/2026, this proposal highlights the possibility of further legislative developments affecting working-time arrangements and labor costs.

Employers should therefore closely monitor the implementation of the constitutional amendment and any subsequent legislative or regulatory measures that may affect it.

Our Labor and Employment team remains available to discuss the potential implications for your business and assist with workforce planning, collective bargaining strategies, and compliance measures. We will continue to monitor developments and provide further updates as appropriate.