Senate Approves End of the 6×1 Work Schedule: Key Changes Explained

Constitutional Amendment Proposal (PEC) provides for the adoption of a 5×2 work schedule, a gradual reduction of the weekly working hours to 40 hours, and the preservation of salaries.

On Wednesday, October 14, 2026, the Brazilian Federal Senate approved, in two rounds of voting, Constitutional Amendment Proposal (PEC) No. 221/2019, which establishes the end of the 6×1 work schedule and reduces the maximum weekly working hours from 44 to 40 hours, without any reduction in pay.

The proposal, which had already been approved by the Chamber of Deputies, will now proceed to promulgation.

What Will Change?

The main changes introduced by the proposal are:

_5×2 Work Schedule: Employees will be entitled to two paid days off per week, one of which should preferably be on Sunday.

_ Weekly Working Hours: The maximum weekly working hours will be reduced from 44 to 40 hours, while maintaining the current limit of eight working hours per day.

_ Compensation: Salary reductions resulting from the decrease in working hours will be prohibited, including with respect to existing employment agreements. This protection will apply to both hourly and salaried employees.

_ Collective Bargaining: Collective bargaining agreements and collective labor conventions may establish work schedules different from the standard 5×2 arrangement, provided that they comply with the limits and rights established under the new legal framework.

The PEC also establishes specific rules for certain situations:

_ Highly Qualified Employees (Hipersuficientes): Rules regarding working hours and timekeeping requirements will not apply to employees holding a higher education degree and earning more than 2.5 times the ceiling for Brazilian Social Security (INSS) benefits (currently BRL 21,188.00). Nevertheless, employers must still ensure that these professionals receive, on average, two days of weekly rest in accordance with the new 5×2 schedule.

_ Special Employment Regimes: A future law may regulate specific conditions applicable to certain professional categories, while observing the constitutional rights guaranteed under the amendment.

_ Small Businesses: The proposal provides for the enactment of a supplementary law establishing transitional measures aimed at mitigating the impact on individual microentrepreneurs (MEIs), microenterprises, and small businesses.

How Will the Transition Take Place?

Implementation will occur gradually following the promulgation of the Constitutional Amendment:

Promulgation: Publication of the Constitutional Amendment

Two Months After Promulgation: Introduction of two paid days off per week and reduction of the maximum weekly working hours to 42 hours

Fourteen Months After Promulgation: Reduction of the maximum weekly working hours to 40 hours

What Are the Implications for Companies?

The change will require particular attention from companies, especially those with continuous operations or that currently adopt six-day work schedules.

Key areas of focus will include reviewing work schedules and timekeeping systems, assessing operational and financial impacts, resizing workforce structures, and evaluating potential amendments to applicable collective bargaining instruments.

Although implementation will be gradual, the transition period provides companies with an opportunity to assess alternative workforce organization models, expand collective bargaining initiatives, and plan any necessary adjustments with greater predictability.

Lefosse’s Employment and Labor practice is closely monitoring developments related to the matter and remains available to assist clients in assessing the implications of the new regulatory framework.