Brazil to reduce maximum working hours [Updated]

Brazil is considering a constitutional amendment that would reduce the maximum workweek from 44 hours to 40 hours and require employers to provide two paid weekly rest days instead of a single weekly rest day.

Update: Brazil’s Senate approved the proposed constitutional amendment, which was enacted as Constitutional Amendment No. 141 on 16 October 2026. The amendment reduces the maximum workweek from 44 to 40 hours, requires employers to provide two paid weekly rest days (previously, one) without salary reduction, and introduces a phased implementation period. The weekly working time limit will first be reduced to 42 hours and the entitlement to two paid weekly rest days will take effect two months after publication (i.e., 16 December 2026), before the 40-hour limit takes effect 14 months after publication (i.e., 16 December 2027).

Background

On 27 May 2026, the Chamber of Deputies approved Constitutional Amendment Proposal (PEC) 221/2019 (the “Proposal”) to reduce the maximum weekly working hours from 44 to 40 hours. The Proposal was subsequently approved by the Senate and enacted as Constitutional Amendment No. 141 (the “Constitutional Amendment”) on 16 October 2026.

The reform reflects a broader regional trend toward shorter working hours, with Chile, Colombia, and Mexico recently implementing or advancing reforms to reduce maximum weekly working hours.

Key details

Brazil's current constitutional framework generally permits employees to work up to 44 hours per week, with many employers using a “6x1” schedule, under which employees work six consecutive days followed by one day of rest.

The Constitutional Amendment will reduce Brazil's maximum statutory workweek from 44 hours to 40 hours without any salary reduction. It will also effectively phase out the traditional “6x1” schedule by generally requiring employers to provide two paid weekly rest days, one of which should preferably fall on a Sunday, rather than one. The daily maximum working hours will remain unchanged at eight hours per day. The Constitutional Amendment does not include changes to Brazil's existing overtime rules, under which employees may generally work up to two hours of overtime per day.

The reform will be introduced gradually. The maximum weekly working hours will first be reduced to 42 hours and the entitlement to two paid weekly rest days will take effect two months after the Constitutional Amendment’s publication (i.e., 16 December 2026). The maximum workweek will then be reduced to 40 hours after a subsequent 12-month transition period (i.e., 16 December 2027).

Collective bargaining agreements may establish alternative scheduling arrangements, provided they ensure an average of two paid rest days per week over a calendar month, with at least one rest day being granted each week.

The Constitutional Amendment also exempts certain highly compensated employees from the rules on maximum working hours. The exemption will apply to employees holding a higher education degree and earning at least two and a half times the maximum benefit payable under the General Social Security Regime (equivalent to BRL 21,188.88 as of 1 January 2026).

Employer action: ACT

The reform represents one of the most significant changes to Brazil's labor framework in decades. Employers should assess how a shorter workweek and increased rest-day requirements could affect their business operations.

The operational impact is likely to vary significantly by industry. Employers with continuous operations, shift-based workforces or six-day scheduling models could face greater workforce planning and cost implications, while the impact may be more limited for corporate employers already operating a five-day, 40-hour workweek.

Beyond compliance, employers may also wish to consider the reform within their broader workforce and employee value proposition strategies. Shorter working hours have increasingly been linked to discussions around employee wellbeing, flexibility, and work-life balance. According to Lockton Brazil’s 2025 Benefits Survey, 73% of participating organizations operate under a hybrid working model, compared with 23% operating fully on-site. While hybrid work is distinct from statutory working-hour requirements, the data suggests that workplace flexibility is already well established among surveyed corporate employers in Brazil and may help organizations adapt to evolving employee expectations.

Written in collaboration with:

Eduardo Kolmar

Director of People Solutions, Lockton Brazil

eduardo.kolmar@lockton.com (opens a new window)

Sandra Souza

Manager, International Desk, People Solutions, Lockton Brazil

sandra.souza@lockton.com (opens a new window)

Further Information

Constitutional Amendment Proposal (PEC) 221/2019 | Federal Senate (opens a new window)

Constitutional Amendment No. 141 | DOU | Imprensa Nacional (opens a new window)