The promulgation of Constitutional Amendment No. 141/2026 on October 16 marked an important change in the rules on working hours in Brazil. The new framework provides for two days of paid weekly rest and the gradual reduction of the maximum working week from 44 to 40 hours, with no salary reduction.
Known as the end of the 6x1 schedule, the change will require companies to analyse the working hours currently in practice and, in many cases, to reorganise teams and work schedules. Although the new rules include a transition period, planning should begin now.
What changes with the new rule?
The main change is the adoption of the 5x2 schedule as the general rule, with five working days and two days of paid rest per week. The amendment also provides for a progressive reduction of the maximum weekly working hours, which will go from 44 to 42 hours in the first stage and, subsequently, to 40 hours.
The reduction in working hours may not result in a salary decrease. At the end of the transition, normal working hours will be limited to eight hours per day and 40 hours per week, except for the specific situations provided for in the amendment itself.
This change does not mean, however, that all activities must necessarily operate from Monday to Friday. Companies that operate on weekends or provide continuous service will need to assess how to distribute working hours and rest periods in compliance with the new requirements.
When do the changes take effect?
Constitutional Amendment No. 141/2026 was promulgated on October 16, 2026. The new rules on weekly rest take effect 60 days after publication, on December 15, 2026.
In this first stage, companies must adopt the 5x2 schedule as the general rule and observe the maximum limit of 42 hours per week.
The reduction to 40 hours per week will occur after another 12 months, completing the 14-month transition period counted from promulgation.
This interval should be used to assess existing working hours and prepare the necessary adjustments. Leaving the reorganisation until the deadlines are near may make it harder to distribute teams and increase adaptation costs.
Will the 6x1 schedule cease to exist in all situations?
The 5x2 schedule becomes the general rule, but the amendment allows, as an exception, the adoption of other work regimes, including the 6x1 schedule, by collective agreement or convention.
In such cases, it will be necessary to observe the compensation conditions set out in the new framework, ensuring, within the same calendar month, an average equivalent to two days of paid rest per week and at least one day of rest within the maximum period of one working week.
The possibility of maintaining a different schedule should be analysed case by case. It is not enough for the schedule to be convenient for the operation: it is necessary to verify whether the regime meets the constitutional requirements and the conditions of the collective bargaining.
Are there specific rules for certain categories?
Yes. The amendment provides for differentiated treatment for employees with a university degree whose monthly pay is equal to or greater than two and a half times the maximum limit of benefits under the General Social Security Regime (Regime Geral de Previdência Social).
For these professionals, the reduction in working hours does not apply automatically on the same terms as for other employees and may depend on the employer's discretion or on provision in a collective agreement or convention. The adoption of the 5x2 schedule, however, must also be observed.
Another particularity involves employees of companies that provide services to the Public Administration. For these contracts, the amendment establishes a transition period of up to 12 months, with its own rules for adjusting working hours and administrative contracts.
Therefore, before changing schedules, it is important to check whether the company or a given professional category is subject to any of these specific provisions.
How may the changes affect companies?
The effects will depend on the activity carried out and the working hours currently in practice. Companies that already work five-day schedules may need only minor adjustments. For those that depend on continuous operation, weekend service, or successive shifts, the reorganisation may be more complex.
The reduction in working hours without a salary decrease also deserves attention from a financial standpoint. In certain operations, it may be necessary to expand staffing, redistribute tasks, or review operating hours in order to maintain the same level of service.
In addition, it will be important to review timekeeping controls, time compensation systems, and the applicable collective agreements and conventions. The adaptation should not be limited to drawing up a new schedule: it is necessary to ensure that the hours actually worked comply with the rules in force.
What should the company do now?
The first step is to survey the working hours and schedules in practice, identifying the areas where the change may require greater reorganisation. Based on this assessment, it will be possible to evaluate alternatives for distributing working and rest days, size the teams, and estimate the financial impacts.
We also recommend that HR examine the applicable collective instruments and identify any clauses that will need to be revised. The current rules on time compensation and time banks should be analysed in light of the new constitutional framework, avoiding the continuation of procedures that are incompatible with the new limits.
Early planning will allow the company to choose the alternative best suited to its operation while still meeting the legal deadlines.
How can Petereit Advogados help your company?
Adapting to the new rules requires attention to the particularities of each activity, the working hours in practice, and the applicable collective rules.
Petereit Advogados follows changes in labour legislation and advises companies on assessing their impacts, reviewing schedules, and defining the measures necessary for compliance.
Our team is available to analyse your company's situation and guide the planning of the changes, taking into account both the legal requirements and the needs of the operation.
Bruno Brum
OAB/RJ 160.644
Coordinating Partner of the Labour Law Practice
