With Amendment 141, the 40-hour working week is no longer a bill and now governs companies’ work schedules.
Constitutional Amendment No. 141/2026 has been published and is no longer a matter of legislative procedure: the 40-hour working week and two days of paid rest are now part of the Constitution. The text originates from PEC 221/2019 (proposed constitutional amendment), which the Senate approved without changes. In practice, the 6×1 shift pattern (six days worked, one day off) loses its legal basis, and wages may not be reduced.
How the 40-hour working week reaches companies
The change is not immediate. The reduction takes place in two stages, counted from publication. First, the maximum working week falls to 42 hours, after two months. Next, the 40-hour working week takes effect, upon completion of 14 months. For this reason, the date of publication is the milestone that business owners need to note.
During the transition, a company may, for example, extend the daily working hours in order to maintain output. Employees who already work 40 hours may likewise not have their wages reduced.
What changes in terms of cost and collective bargaining agreements
The prohibition on wage reduction weighs on costs. In other words, the company pays the same for fewer hours. For those with monthly-paid employees, the bill goes up. Commission-based and hourly-paid employees also deserve attention, since paid rest has an impact on their earnings.
In addition, collective bargaining conventions and agreements need to be reviewed. The deadline for renegotiating these instruments is 60 days. Hours banks and special working-time arrangements are part of this discussion.
Exceptions and points still open
The amendment provides for differentiated regimes and an exception for employees with higher education and high salaries. Future legislation will still define the rules for the differentiated regimes. A supplementary law will deal with small businesses, such as MEI (individual microentrepreneurs), microenterprises and small-sized enterprises. In the meantime, shift patterns such as 12×36 (12 hours worked followed by 36 hours off) give rise to doubts.
Our understanding is that business owners should map out shift patterns and contracts now, without waiting for the implementing regulations, because the deadlines are already running from the publication of the amended Federal Constitution.
The next concrete step is to take stock of working hours, shift patterns and agreements in force and to calculate the cost of each stage of the transition.
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