The Chamber of Deputies approved replacing the current rule of one weekly day of rest with two paid weekly rest days, in addition to reducing the maximum working week from 44 to 40 hours. The measure is set out in Proposed Constitutional Amendment (PEC) No. 221/2019, which was approved in two rounds of voting by the Chamber of Deputies on May 27, 2026, by a broad majority.
The approved text is a substitute text that consolidated previous proposals, including one that provided for a 36-hour workweek and another that established a four-day workweek with three days of rest.
Following approval by the Chamber of Deputies, the proposal was forwarded to the Federal Senate and, on August 21, 2026, was referred to the Constitution and Justice Committee (CCJ). On September 2, 2026, the CCJ approved a favorable opinion on the PEC, maintaining the text approved by the Chamber and rejecting the amendments presented. The proposal will now be considered by the Senate, where it must be approved in two rounds of voting by at least 49 senators in each round. If the Senate approves changes to the text received from the Chamber, the proposal must return to the Chamber of Deputies for further consideration before it can potentially be promulgated.
In addition to reducing the workweek and expanding paid weekly rest, the PEC introduces a new exception to the rules governing working hours and their control. The main changes are as follows:
Gradual reduction of the workweek: The weekly limit will be reduced from 44 to 42 hours two months after publication of the Constitutional Amendment and, one year later, to 40 hours, while maintaining the eight-hour daily limit. The possibility of compensating working hours through a collective bargaining agreement will remain, including during the transition period, to facilitate the distribution of weekly working hours.
Two paid weekly rest days: Employees will be guaranteed two days of rest per week, one of them preferably on Sundays. Exceptionally, a collective bargaining agreement may establish a compensatory arrangement that ensures, on average, two days of rest per week, calculated on a calendar-month basis, provided that at least one day of rest is taken during each period of no more than one working week. The law may also establish differentiated arrangements, subject to constitutional limits.
Maintenance of salaries: The new rules will apply to existing employment contracts without any reduction in salary, including salary floors. For employees who already work 40 hours per week or less, there will be no additional proportional reduction in working hours, without prejudice to the mandatory application of the new weekly rest rule.
Impact on collective bargaining instruments: Two months after publication of the Amendment, clauses in collective bargaining agreements concerning working hours and weekly rest that are incompatible with the new rules will cease to have effect.
New exception to working-hours control rules – higher-paid employees: Employees holding a higher-education degree and receiving remuneration equal to or greater than two and a half times the contribution ceiling under the General Social Security Regime (RGPS) will no longer be subject to the rules governing the duration and control of working hours. This exception does not apply to public employees.
Measures concerning micro and small enterprises: A complementary law may establish transitional measures to mitigate the impact of the new rules on individual microentrepreneurs, microenterprises and small enterprises, subject to the maintenance of employment levels.
Entry into force: The Amendment will enter into force two months after publication with respect to the mandatory provision of the second paid weekly rest day and, on the date of publication, with respect to the remaining provisions.
Although it represents a step forward in promoting employees’ quality of life, the proposal still leaves important issues unresolved. The two-month period for adapting collective bargaining agreements is short given the volume of instruments that will need to be renegotiated, and the requirement for collective bargaining for various forms of flexibility increases the role of trade unions without clearly defining the limits of what may be agreed.
The definition of certain sensitive issues, such as the calculation of remuneration for employees paid on an hourly basis and the application of the new exemption from working-hours control to employees with higher education and higher remuneration, may depend on subsequent regulation and on the interpretation of the Labor Courts, which warrants companies’ attention from this stage onward.
CR& Partners will continue to monitor the PEC’s progress in the Senate and any changes to its text, keeping its clients informed of the potential impacts of the new rules and the measures required for their implementation, and remains available to assist with the necessary adjustments to the working-time arrangements currently in place.
