On October 16, 2026, Brazil’s National Congress promulgated Constitutional Amendment no. 141, amending article 7 of the Federal Constitution to reduce maximum working hours and guarantee two paid weekly rest days, without any reduction in wages.

The change became known as the “end of the 6-on/1-off schedule,” but it will be introduced gradually. Promulgation did not require every employer to adopt a 40-hour week and a five-day-work/two-day-rest schedule immediately.

What was approved?

As a general rule, the new constitutional wording establishes:

  • normal working hours of up to 8 hours per day and 40 hours per week;
  • two paid weekly rest days;
  • one rest day preferably on Sundays;
  • application to employment contracts already in force;
  • a prohibition on nominal, proportional or any other wage reduction, including statutory or collectively agreed wage floors.

When will the new schedule take effect?

Implementation will occur in two stages:

  1. Two months after publication of the amendment: the maximum working week will decrease from 44 to 42 hours, and two paid weekly rest days will be required.
  2. One year after the first stage begins: the maximum working week will decrease from 42 to 40 hours.

The first stage takes effect on December 16, 2026: the weekly limit becomes 42 hours and the two-paid-rest-day guarantee begins. The 40-hour stage is scheduled for December 16, 2027.

May wages be reduced?

No. The Constitutional Amendment expressly provides that the reduction in working hours and the increase in weekly rest will be implemented without any wage reduction. This protection covers existing contracts and wage floors.

Reorganizing a schedule therefore does not authorize a wage decrease because the weekly limit has been reduced.

Will every activity follow an exact 5-on/2-off schedule?

The Constitution now guarantees two weekly rest days, while allowing specific treatment for certain activities and differentiated working arrangements.

Exceptionally, a collective bargaining agreement may establish a compensatory arrangement providing an average of two rest days per week within the month, with at least one rest day after a maximum of one week of work. Legislation may also regulate cases and conditions for differentiated arrangements, subject to constitutional limits.

Essential sectors, special schedules and arrangements such as 12 hours on/36 hours off must therefore be assessed under the applicable legislation, collective bargaining rules and the circumstances of the activity.

What happens to collective bargaining agreements?

Two months after publication, clauses in collective agreements that are incompatible with the new constitutional rules on working hours and weekly rest will cease to have effect.

During the transition to 42 hours, collective bargaining may adjust daily hours to distribute the weekly schedule, provided that the right to two rest days is preserved.

What about employees already working 40 hours or less?

The amendment states that schedules already set at 40 hours per week or less will not be automatically reduced on a proportional basis. These employees will also benefit from the two-rest-day rule, subject to the exceptions in the constitutional text.

What precautions should employees and employers take?

Before each stage of the transition, employers should review schedules, contracts, timekeeping controls, collective rules and staffing. Employees should retain working-time records, payslips, internal notices and applicable collective instruments.

Unilateral changes resulting in harm, wage reduction or failure to observe rest periods may require an individual legal assessment. Business reorganization should likewise account for special arrangements and applicable collective rules.

Was the Ministry of Labor’s announced ordinance published?

On October 27, 2026, Brazil’s Ministry of Labor and Employment announced that it was preparing an ordinance on implementation of the 5-on/2-off schedule, expected by the end of that month. When this article was reviewed on November 1, 2026, no official publication of that ordinance was located.

An announcement, interview or draft is not a rule in force. Until official publication, the announced implementing regulation remains pending, without affecting the constitutional timetable itself.

Official sources

Important: this material is educational only and reflects the law in force on its publication date. Application of the new rules depends on the activity, contract, collective bargaining rules and circumstances of each employment relationship. No outcome is promised.