Senate prepares to vote on constitutional amendment eliminating the 6x1 work schedule

The debate on working hours returns to the Senate floor this Wednesday (14) as the Lula administration's base obtained the required signatures to fast-track the vote on the proposal that eliminates the 6x1 schedule. The issue gained prominence in recent weeks following statements by Labor Minister Luiz Marinho, who called maintaining the schedule "absurd."

What PEC 221/2019 provides

The proposed constitutional amendment, authored by Deputy Reginaldo Lopes (PT-MG), reduces the maximum weekly work hours from 44 to 40. It caps daily hours at up to eight, allows for time compensation, and establishes a two-day weekly paid rest period, preferably with one day on Sundays, without wage reduction.

How the transition will take place

The change will occur in two stages: two months after the amendment's publication, working hours will decrease to 42 hours per week; one year and two months later, they will reach 40 hours. During this period, collective bargaining agreements or conventions may extend daily working hours to accommodate the 42 hours, provided that the two-day weekly rest is maintained.

Who will be affected

The new rules apply to existing contracts without wage reductions, including salary floors. Exceptions include college-educated employees earning at least 2.5 times the RGPS ceiling, civil servants at all levels, and public administration contract workers, who will require a contract amendment for the reduction in working hours.

Labor Ministry's position

Minister Luiz Marinho highlighted that companies that have already adopted the 5x2 schedule reported a drop in absenteeism, citing the case of a company in the Federal District that reduced absences to zero following the change. He reinforced that the measure addresses workers' demands and can benefit employers struggling to fill job openings.

Voting schedule

Senate President Davi Alcolumbre reported that the PEC has already passed its fourth discussion session. The fifth and final regulatory session in the first round is scheduled for this Wednesday, with the possibility of concluding both voting rounds on the same day if the fast-track request announced by Senator Teresa Leitão (PT-PE) is approved.

Next steps

To be approved, the PEC must secure at least 49 favorable votes in each round. If passed, the new 40-hour workweek and the 5x2 schedule will take effect according to the established transition timeline, with no pay cut for currently employed workers.

With information from Folha de S.Paulo, VEJA.