End of the 6×1 Work Schedule Approved: What Will Change and How Companies Should Prepare

On October 14, 2026, the Plenary Session of the Federal Senate approved, in two rounds of voting held on the same day, the Proposed Amendment to the Constitution (“PEC”) No. 221/2019, which amends Article 7 of the Federal Constitution to reduce the maximum workweek from 44 to 40 hours and guarantee two days of paid weekly rest, without any reduction in pay. The vote tally was 75 in favor and 1 against in both rounds.

The approved text is the same one sent by the Chamber of Deputies on May 27, 2026, which consolidated Constitutional Amendment Proposal (PEC) No. 221/2019 (sponsored by Representative Reginaldo Lopes) and PEC No. 8/2025 (sponsored by Representative Erika Hilton). Since all amendments presented in the Senate were rejected by the rapporteur, Senator Omar Aziz, the proposal will not return to the Chamber of Deputies, and the voting phase in the National Congress is now complete, with no need for presidential approval.

In June, our Labor Practice Group published a bulletin on the issues then under discussion, available at: https://araujopolicastro.com.br/fim-escala-6×1-impactos-relacoes-trabalho/. Since then, we have been closely monitoring the progress of the constitutional amendment proposal (PEC) in the Senate. With its approval, the issue is no longer merely a legislative possibility but now requires concrete planning by companies. This bulletin outlines the current landscape, the timeline for implementation, and the main questions that have arisen.

Key Expected Changes

The approved text establishes a gradual reduction in the weekly work limit, accompanied by an increase in paid weekly rest time. Among the main points are the following:

① gradual reduction in working hours;

② initial transition from 44 hours to 42 hours;

③ subsequent reduction to 40 hours per week;

④ adoption of two days of weekly rest;

⑤ gradual replacement of the 6×1 logic with the 5×2 model;

⑥ wage maintenance.

This change does not necessarily mean that all companies will have to close on Saturdays or Sundays. Businesses may continue to operate, provided that shift schedules, rest periods, and individual workdays comply with the applicable rules.

In practice, the challenge will be to balance business continuity with a reduction in individual working hours, especially for activities that require continuous coverage, customer service, or shift work.

Next Steps: Enactment and Publication

The amendment takes effect only after its publication in the Federal Official Gazette (“DOU”).

Unlike bills, constitutional amendments do not require the President’s approval and cannot be vetoed by the President of the Republic. Pursuant to Article 60, paragraph 3, of the Federal Constitution, an amendment is promulgated by the Presiding Officers of the Chamber of Deputies and the Federal Senate, with its respective serial number, and then published in the Official Gazette (DOU).

There is no fixed procedural deadline for enactment, but the session is expected to take place in the coming weeks. As of the date of this bulletin, the amendment had not yet been enacted.

Transition Rules

On the date of publication, most of the provisions take effect, including the prohibition on wage reductions (Art. 2), the exception for high-earning employees (Art. 8), and the special rule for contracts with the government (Art. 9).

The reduction in working hours, however, follows the phased transition plan set forth in Article 6 and will be implemented in two stages, over a total of 14 months from the date of publication:

Since deadlines are set in months and years, rather than days, they expire on the same date of the corresponding month (Article 132, paragraph 3, of the Civil Code). Therefore, the exact dates can only be confirmed after official publication.

The key point for companies is that all transition periods will be calculated from the date the amendment is published.

Questions and Answers: What Do Companies Need to Know?

1. Who are the new rules intended for?

The general rule applies to employees governed by the CLT, including those with contracts already in effect. Employees who currently work 40 hours per week or fewer will not have their workweek reduced proportionally, but they will also become entitled to two days of paid weekly rest.

There are specific provisions for high-income employees, special schemes, micro- and small businesses, and contractors in the public sector (items 9 through 11).

2. Are businesses still allowed to operate on Saturdays, Sundays, and holidays?

Yes, the amendment limits each employee’s work hours and guarantees their days off, but it does not restrict the company’s operating days. To maintain operations over six or seven days, it will be necessary to reorganize schedules and rotations, which may involve hiring new employees or reassigning shifts. The specific rules regarding work on Sundays and holidays remain in effect, including those set forth in collective bargaining agreements.

3. Do the two days off have to be consecutive?

No, the amendment does not require consecutive days off, but it stipulates that one of the days should preferably be Sunday. Collective bargaining agreements and conventions may establish compensation arrangements, provided that an average of two days off per week is ensured throughout the month and that at least one day off coincides with a Sunday for each period of up to seven days.

4. Can the salary be reduced in proportion to the new work schedule?

No, the amendment expressly prohibits any reduction in wages resulting from a reduction in working hours, and this guarantee extends to the minimum wages for each occupational category. In practice, the hourly wage increases: by about 4.8% during the 42-hour phase and by about 10% during the 40-hour phase, while monthly pay remains the same.

Alternatives such as converting monthly salaries to hourly wages or restructuring compensation components to offset the cost increase—which we previously noted in our newsletter as being sensitive—now carry an even greater legal risk in light of the express guarantee of non-reductibility.

5. What about employees who already work five days a week?

Employees who already work a five-day workweek may require only minor adjustments to their schedule, but this does not mean they are automatically exempt from any adjustments. It will be necessary to verify the contracted weekly work hours, daily limits, breaks, compensation rules, and other requirements set forth in the approved text.

Even when the distribution of workdays is already consistent with the five-day workweek and two-day rest period model, reducing the weekly limit may require adjustments to the number of hours actually worked.

6. Will it be necessary to hire more employees?

Not necessarily. The impact will depend on the operational model, the number of employees, the distribution of work hours, operating hours, and the possibility of reorganizing teams.

In certain operations, it may be possible to adjust existing shifts and schedules. In others, reducing working hours may require additional staff, a redistribution of tasks, or a revision of business hours.

Therefore, it is recommended that companies conduct simulations to determine staffing levels and costs before implementing the changes.

7. Does the company need to amend the employment contracts?

The constitutional rule is directly applicable and does not require any additional provisions to take effect. Nevertheless, it is recommended to begin immediately reviewing contracts, internal regulations, policies, and individual agreements that mention work hours exceeding the new limits or that provide for incompatible work schedules that may need to be adjusted. The formalization process should be planned in accordance with the effective date of the rules and the applicable legal and collective bargaining requirements.

8. Will collective bargaining be necessary?

No, the reduction in working hours and the two days off apply regardless of any collective bargaining agreement or convention. Negotiation, however, will be the primary tool for adaptation, since it is through negotiation that working hours can be distributed during the transition, compensation arrangements can be established, and schedules for continuous operations can be organized.

Article 3 of the amendment deserves special attention: two months after publication, provisions in collective bargaining agreements and conventions that are incompatible with the new rules on working hours will cease to be effective. Collective bargaining agreements currently in force must, therefore, be revised now. In this regard, it is worth noting that the normative force recognized by the Federal Supreme Court (STF) in Precedent 1046 (negotiated terms prevail over statutory provisions) does not allow for the new constitutional limit to be set aside.

9. What about overtime and time off in lieu?

The provisions remain in effect, but will now be based on the new limits. Hours worked in excess of 42 hours—and subsequently 40 hours—per week will be considered overtime and must be paid or compensated. Time banks and compensation agreements must be revised to reflect the new workweek. The divisor for hourly wages also warrants attention: TST case law (Precedent 431) applies a divisor of 200 for 40-hour workweeks, as opposed to the divisor of 220 currently used for 44-hour workweeks, which affects the calculation of overtime and additional pay.

10. What happens with categories that use special scales, such as 12×36?

The amendment allows the law to establish specific conditions for differentiated work and rest schedules and permits collective bargaining agreements and conventions to establish exceptional compensation arrangements. The text, however, does not list which categories will be considered “differentiated,” a matter to be defined in subsequent regulations.

For the 12×36 schedule, it is worth noting that its traditional weekly average is 42 hours, which is consistent with the first phase but exceeds the definitive limit of 40 hours. Therefore, companies that adopt this system should monitor the regulations and begin discussing potential adjustments with the unions immediately.

11. Is there an exception for high-earning employees?

Yes, for employees with a college degree and compensation equal to or greater than 2.5 times the ceiling of the General Social Security System (approximately R$ 21,200 per month in 2026), the rules regarding working hours and work schedule controls may not apply. The right to two days of weekly rest, however, remains in effect. The application of this exception requires a specific and careful agreement, as the two requirements are cumulative.

12. Will micro-enterprises and small businesses have their own rules?

The amendment authorizes a complementary law to establish transitional measures for individual microentrepreneurs, microenterprises, and small businesses, subject to the maintenance of employment levels. Until that law is enacted, no special regime is in effect, and the recommendation is that these businesses prepare for the general rule.

13. What about outsourcing contracts with the government?

In such cases, the reduction will initially depend on an amendment to the contract between the service provider and the public agency, aimed at restoring the contract’s economic and financial balance. The administration will have up to one year to implement this adjustment. If no agreement is reached within that period, the reduction will take effect automatically, without any reduction in wages. Service providers should immediately begin filing requests for rebalancing, documenting the impact on costs.

Recommended Measures

Given that the first phase is set to take effect at the turn of 2026 and 2027, we recommend that companies immediately take the following steps:

1. Workforce mapping: identify employees, departments, and positions with workweeks exceeding 40 hours or a 6×1 schedule, as well as those working special schedules;

2. Review of work schedules and shifts: redesign schedules to accommodate the model of two weekly days off and a 42-hour workweek, while planning in advance for the transition to a 40-hour workweek;

3. Staffing and cost projections: estimate the need for new hires, overtime, or shift reassignments and the impact on payroll, taking into account the increase in the hourly rate and the change in the divisor;

4. Review of collective bargaining agreements: determine which provisions of current collective bargaining agreements and conventions will cease to be effective 2 months after publication;

5. Initiating negotiations with the unions: primarily regarding compensation arrangements, the distribution of hours during the transition, and activities requiring continuous operation, taking advantage, whenever possible, of upcoming reference dates;

6. Review of time banks and compensation agreements: adjust rules, balances, and deadlines to comply with the new limits;

7. Document review: contracts, amendments, internal regulations, work schedule policies, and individual agreements that mention work schedules or shifts;

8. Adjusting the time and attendance and payroll systems: configuring new limits for working hours, breaks, the divisor, and the calculation of overtime and related adjustments;

9. Analysis of high-earning employees: determine who meets the requirements for the exception and whether it is advisable to formalize it;

10. Contracts with the government: for third-party service providers, prepare requests for economic and financial rebalancing;

11. Internal communication: Provide guidance to leadership, HR, and employees regarding the changes and the timeline, thereby preventing uncertainty and liabilities resulting from a disorganized implementation.

The approval of the constitutional amendment (PEC) represents the most significant change in working hours since the 1988 Constitution. The transition period is short, especially in the first phase, and advance planning tends to reduce costs and the risk of labor liabilities and allow companies to make decisions with greater legal and operational predictability.

Our Labor Law Team at Araújo e Policastro Advogados is available to answer any questions or provide further clarification.

Authors:

Ana Lúcia Pinke Ribeiro de Paiva – apinke@araujopolicastro.com.br

Alexandra Rosman Scaramel – ascaramel@araujopolicastro.com.br